Liliesleaf Trust hauled before court
Kgalema Motlanthe and Tokyo Sexwale among trustees linked to case
The Liliesleaf Trust, established to “ensure that the essence, spirit and soul of Liliesleaf are maintained for current and future generations” continues to lurch from one crisis to the next.
The trust has been hauled before the Joburg High Court by Sasfin Bank and the equipment renting company, Sunlyn, over a R1-million debt.
The trustees include ANC royalty, former president Kgalema Motlanthe and the former Gauteng premier Tokyo Sexwale. The other trustees to appear before court include Riaz Meer, Mohamed Ismail Seeda, Lucas Mahlasela Makhubela and Thembinkosi Philemon Wakashe.
According to the papers, which were filed in court last week, the trust, represented by its CEO Nicholas Wolpe, entered into a rental agreement with another company, Pendigo Trade and Invest, in Paulshof, Joburg, on March 6 2018.
In terms of the agreement, the trust hired equipment from Pendigo for a period of 69 months, and was supposed to pay it a rental fee of more than R16000 per month.
The rental fee, in terms of the agreement, would increase by 15% per annum, and if the trust failed to make any payment, it would be deemed to have breached the agreement and Pendigo would be entitled to, without terminating the agreement, claim immediate payments of all amounts payable.
The trust would also pay Pendigo interest at prime rate plus 6%on all amounts overdue and bear the company’s legal expenses incurred in the recovery of the owed amounts.
After the agreement, Pendigo signed a cession agreement with Sunlyn, in which Sunlyn acquired the equipment with financial assistance from Sasfin and then transferred the cession agreement to the bank.
The trust, read the papers, breached the terms and conditions of the rental agreement when it failed to maintain regular monthly payments.
“As at 29 June 2021, the outstanding balance in respect of the rental agreement calculated to an amount of R935900.21. In the premises the trust is indebted to Sasfin in the amount of R935 900.21 together with interest thereon from 30 June 2021 to date of final payment,” read the papers.
Between 1961 and 1963, Liliesleaf served as the secret headquarters and nerve centre of the ANC, South African Communist Party (SACP), Umkhonto wesizwe and the Congress Alliance.
On July 11 1963, the police, acting on a tip-off, raided Liliesleaf and arrested the core leadership of the underground liberation movement. The arrests resulted in the Rivonia Trial at which eight accused – Nelson Mandela, Walter Sisulu, Govan Mbeki, Andrew Mlangeni, Raymond Mhlaba, Ahmed Kathrada, Elias Motsoaledi and Denis Goldberg – were sentenced to life imprisonment.
The Liliesleaf Museum hogged the headlines recently when it failed to pay salaries of its employees. This after the department of arts and culture stopped funding it last year, accusing Wolpe of failing to properly account for millions of rand it had donated to it.
Attempts to solicit comments from Motlanthe and Sexwale drew a blank as they did not return our phone calls and text messages.
In a parliamentary response to questions posed by the EFF MP Constance Nonhlanhla Mkhonto about the department’s involvement in reviving the Liliesleaf heritage site, minister Nathi Mthethwa said the R7-million set aside for Liliesleaf was transferred into the account of Freedom Park to assist Liliesleaf with its financial crisis.
“The funds were paid into the account of Freedom Park because the Liliesleaf board is still implementing the recommendations of the board’s investigation on the funding that it received in 2015,” Mthethwa said.
“I have been informed about the suspension of Mr Nicolas Wolpe by the Liliesleaf Trust board.
“The suspension was based on a forensic investigation report that was launched by the board on the misappropriation of funds at the Liliesleaf Museum,” he said.