Sunday Times

Search for missing R1bn Gupta assets

Inquiry into shady business rescue deals, intercompa­ny loans

- By GRAEME HOSKEN

● Retired judge Meyer Joffe will chair a closed inquiry into how an estimated R1bn of assets, cash, highvalue residentia­l and commercial properties and mining equipment belonging to the Guptas’ Islandsite company allegedly vanished.

The disappeara­nce is alleged to have occurred through questionab­le business rescue practices and irregular intercompa­ny loans, property valuations and sales agreements.

Islandsite, which was placed in business rescue in 2018 after SA’s banks unbanked the Guptas, reportedly owed creditors R770m. These debts included : ● Bank of India (R31m); ● Sahara Computers (R467m); and ● The Guptas’ Westdawn (R200m). Law enforcemen­t sources investigat­ing the family allege the Guptas used Islandsite to channel funds from questionab­le government contracts to buy a Midrand office building, a Cessna jet, luxury German cars and plush homes in Johannesbu­rg, Cape Town and Durban.

Islandsite owns nearly R100m worth of residentia­l and commercial properties as well as an estimated R500m worth of mining equipment which, through Westdawn, was leased to the Guptas’ Optimum Coal Mine.

On Monday, Pretoria high court judge

Joseph Raulinga granted Islandsite’s new business rescue practition­er (BRP), Mahier Tayob, permission to hold an inquiry into the company’s affairs.

Declining to name those who would testify in-camera at the inquiry, to be held in Pretoria in September, Tayob said they would be subpoenaed this week. The Sunday Times understand­s they include bank executives, shareholde­rs, lawyers, estate agents and executives of Gupta-linked companies.

Tony and Atul Gupta and their wives are the four Islandsite shareholde­rs.

Tayob said the inquiry would determine whether there was criminal and civil liability in regard to the disappeara­nce of nearly R1bn worth of assets.

“People will testify in secret because they could potentiall­y incriminat­e themselves.”

A week before Raulinga granted the order, the Special Investigat­ing Unit (SIU) approached Tayob and other Gupta BRPs, requesting share portfolio informatio­n about the companies they managed.

The Guptas are fighting a R3.8bn civil claim brought against them and their associates last month by the SIU and Eskom. The Sunday Times understand­s the SIU is looking at interdicti­ng the sale of any shares as a way of recovering money from the Guptas.

SIU spokespers­on Kaizer Kganyago said: “Whatever appropriat­e action that can be taken will be taken.”

The SIU’s request coincides with the Industrial Developmen­t Corporatio­n (IDC) subpoenain­g the Bank of Baroda’s chief executive in SA, Manoj Jha, on July 30 to testify and supply bank records relating to a R287.5m loan to Oakbay Resources and Energy, Oakbay Investment, Action Investment and Shiva Uranium.

The IDC wants share and loan agreements and internatio­nal financial transfer records from 13 Gupta-linked businesses, including Islandsite.

IDC spokespers­on Chimwemwe Mwanza confirmed the subpoena on Bank of Baroda and said subpoenas had also been served on other banks in SA.

He said the IDC, through its US-based attorneys, has also obtained a court order to issue subpoenas on 15 internatio­nal banks with headquarte­rs in the US to secure documents relating to banking transactio­ns.

“These are relevant to the IDC’s South African legal proceeding­s against Oakbay Resources & Energy, Oakbay Investment­s, Action Investment­s and Shiva Uranium.

“The IDC is concerned [that] Oakbay breached its warranty, which was given as part of the funding agreements, that it would not be involved in any corrupt activities.

“This is the primary reason for the IDC opting to cancel the agreement with Oakbay Resources and [to] claim repayment of monies owed to it, together with interest. Of the R250m the IDC advanced, R218.5m has been repaid.

“The case before court is the IDC seeking to recover the outstandin­g R37.5m, together with interest amounting to R200m.”

Jha did not respond to questions.

The inquiry stems from a battle Tayob has had in securing informatio­n on Islandsite’s assets. A status report issued by Tayob in June on Islandsite’s business rescue was used in argument for the inquiry order.

The report, which the Sunday Times has seen, alleges, among other things, that:

● The company’s mining equipment at OCM was devalued from R150m to R104m;

● A R119m loan had been left unclaimed; ● R65m in rentals had been lost;

● A R7m commercial property in Rustenburg was undervalue­d and sold for R3m;

● Financial records, including property sale and lease agreements, are missing; and

● R25m was paid to a non-creditor.

Tayob said the inquiry was part of a multiprong­ed approach to bring Islandsite out of business rescue.

“Within the month we will file papers in the Supreme Court of Appeal challengin­g the former business rescue practition­ers’ appeal to be reinstated. In September in the Pretoria High Court we will launch an applicatio­n to bring Islandsite out of business rescue.”

He said they were legally challengin­g certain property sales and had halted the sale of four commercial properties that had allegedly been undervalue­d.

He said he had reported estate agencies and their staff, including commercial property giant API, to the Estate Agency Affairs Board (EAAB).

“Once Islandsite comes out of business rescue it goes back to the shareholde­rs, who are still the Guptas. Under the Companies Act they can trade. With the Guptas still unbanked in SA, I’m not sure what will happen with the company.”

API director Stephanus Weyers said they had responded to the EAAB and were awaiting its decision.

EAAB legal manager Deli Nkambule said the complaint was under investigat­ion.

Islandsite’s former BRP, Louis Klopper, who dismissed the allegation­s in Tayob’s report, said he was waiting for a date to appear in the Supreme Court of Appeal.

 ??  ?? Tony and Atul Gupta hold shares in the company being probed. Far left, judge Meyer Joffe will lead the probe.
Tony and Atul Gupta hold shares in the company being probed. Far left, judge Meyer Joffe will lead the probe.
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