Sunday Tribune

Military veterans in legal battle

- LOYISO SIDIMBA loyiso.sidimba@inl.co.za

THOUSANDS of military veterans are fighting the Municipal Councillor­s Pension Fund’s (MCPF) bid to liquidate a North West property developer to protect their stake in two vast tracts of land valued at R850 million.

MCPF curators have applied to the Western Cape High Court to have Isago@n12 Developmen­t liquidated for failing to repay about R137m.

The MCPF paid R120m for the stands and R16.8m in VAT.

The liquidatio­n would most likely result in the sale of two vast tracts of land of over 1000ha with a market value of R850m.

The matter will be heard in the Western Cape High Court on May 9.

The SA National Military Veterans Associatio­n trust wants to stop the liquidatio­n of Isago@n12 Developmen­t as they have been identified by the Government Employees Pension Fund (GEPF) and the Public Investment Corporatio­n as beneficiar­ies of the sale of the land in Matlosana, North West.

The military veterans involved are from Umkhonto we Sizwe, Azanian People’s Liberation Army (Apla), Azanian National Liberation Army, the Transkei, Bophuthats­wana, Venda and Ciskei bantustans and the apartheid-era SA Defence Force. They are fighting the liquidatio­n of Isago.

Isago planned to build a “true mixed-use human settlement… where people can live, stay, play and pray”.

According to the MCPF curators, Juanito Damons and Thabang Kekana, Isago was expected to make an initial payment of R30m by the end of November last year in terms of the settlement agreement, but it did not do so.

The remaining R107m was to be paid by the end of this month.

“In view of the above, the fund prepared to proceed with a liquidatio­n applicatio­n against Isago which was scheduled for December 8, 2018,” said the curators’ report to the Financial Services Conduct Authority’s registrar of pension funds dated January 31, which Independen­t Media has seen.

But the military veterans’ trust applied to intervene, prompting the postponeme­nt of the matter.

The curators said the matter was placed on the semi-urgent court roll and would be heard on May 9.

Isago served summons on Damons and Kekana to invoke the extension of payment dates.

The Trust wants to join as the second respondent to the MCPF’S liquidatio­n applicatio­n.

“The Trust does so as it has a direct and substantia­l interest in the subject matter of the liquidatio­n applicatio­n which is more than merely a financial interest.

“The Trust’s interest and the interests of those whom it represents will be adversely affected by an order for the liquidatio­n of Isago,” said trustee Dudu Phama’s affidavit.

The GEPF has a 60% stake in the land while Isago holds the remaining 40%.

Phama’s affidavit states that the aim of the developmen­t of the land by Isago Property Holdings was to create jobs for military veterans, their dependants and other historical­ly disadvanta­ged individual­s and provide education and skills developmen­t programmes.

Phama said military veterans would suffer much prejudice should Isago be liquidated and the developmen­t cancelled.

“The liquidatio­n of Isago will adversely affect the 170000 military veterans which the Trust represents and their extended families, which, on an average of five persons per household, equates to about 850000 persons,” said Apla chief commander Sabelo Phama’s widow.

“The Trust and those who the Trust represents will suffer substantia­l prejudice in the event that the relief sought by the trust is not granted.”

 ?? ANTOINE DE RAS African News Agency (ANA Archives) ?? Thousands of military veterans are fighting the Municipal Councillor­s Pension Fund’s attempt to liquidate a North West property developer. |
ANTOINE DE RAS African News Agency (ANA Archives) Thousands of military veterans are fighting the Municipal Councillor­s Pension Fund’s attempt to liquidate a North West property developer. |

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