Contingency Fees Act, 1997
R 385.00
Business Practices Committee Report 80Propalux 46 Ltd8. A letter dated 26 April 2000 from the Committee to Mthombeni |
On 26 April 2000 the following letter was faxed to Mthombeni
"The visit by officials of the Consumer Affairs Committee (the Committee) to your offices on 17 April 2000 and 24 April 2000 and other dates refer. It appears that there may have been a misunderstanding as to exactly it was what the Committee required.
On 17 April 2000 you said that Propalux 46 still owed investors or shareholders approximately R7½ million. You were not certain as to the exact amount but you were adamant that you and/or Propalux 46 could repay the loans or shares out of the profits generated by the returns on the assets in your name and those in the name of Propalux 46. You confirmed on more than one occasion, and it is now common cause, that there are assets registered in your name, possibly the names of other businesses such as Sekheleng Propalux, L Mthombeni and Associates (Pty) Ltd and LM Fibas Padec Estate (Pty) Ltd and the names of other individuals that were paid for from Propalux funds.
The next meeting of the Committee is scheduled for 26 May 2000. You already indicated your willingness to address the Committee at 11h00 on that day. You would, I assume, amongst others, attempt to persuade the Committee that you/Propalux 46/LM Fibas/L Mthombeni and Associates/Sekheleng Propalux could repay the loans or shares out of the profits generated by the returns on the relevant assets.
What is now required from you is to provide the Committee with the following information:
| 1) | A list of all vehicles bought out of your own personal funds and registered in the name of Lucky Motlalepula Mthombeni. The list must contain the information in the following order: the registration number (GP or other province) of the vehicle, the year of the first registration, the make and the series, when the vehicle was bought, what was paid for vehicle and the present value thereof, for example LMM007GP (the registration number of the vehicle), 1999 (the year of the first registration), Mercedez Benz (the make of the vehicle), C220 (the series), 31 October 1999 (when the vehicle was bought), R21 0000 (what was paid for the vehicle) and R180 000 (the present value of the vehicle), thus: LMM007GP, 1999, Mercedez Benz, C220, 31 October 1999, R210 000, R180 000. |
| 2) | A list of all vehicles bought out of Propalux funds and registered in the name of Lucky Motlalepula Mthombeni. The list must contain the same information as in the preceding paragraph. |
| 3) | A list of all vehicles registered in the name of Propalux 46 Ltd. The list must contain the same information as already explained above. |
| 4) | A list of all vehicles bought out of Propalux 46 funds and registered in the names of directors/members/shareholders of Propalux 46. The names of the persons must be followed by the same information as requested under points 1 and 2 and 3 above. |
| 5) | A list of all fixed properties bought out of your personal own funds and registered in the name of Lucky Motlalepula Mthombeni. The list must contain a full description of the property, for example, remaining extent of erf number, Duncanville Township, Reg Division IQ Gauteng, measuring 1234m2, or erf 123 and 345, De Deur. |
| 6) | A list of all fixed properties bought out of Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates funds and registered in the name of Lucky Motlalepula Mthombeni. The list must contain a full description of the property as set out in 5 above. |
| 7) | A list of all fixed properties bought out of Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates funds and registered in the names of Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates. The list must contain a full description of the property as set out in 5 or 6 above. |
| 8) | A list of all companies and close corporations bought out of your own personal funds. The list must contain the full names and registration numbers of the companies and close corporations. |
| 9) | A list of all companies and close corporations bought out of Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates funds and of which Lucky Motlalepula Mthombeni now has effective control. |
| 10) | A list of all fixed properties bought out of Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates funds and of which Propalux 46/Sekheleng Propalux/LM Fibas/L Mthombeni and Associates now has effective control. |
| 11) | A list of all bank accounts, including current accounts, savings accounts and Investment accounts in the name of Lucky Motlalepula Mthombeni. Please indicate the numbers of the account and the bank names. |
| 12) | A list of all bank accounts, including current accounts, savings accounts and investment accounts in the name of Propalux 46, Sekheleng Propalux, L M Fibas, and L Mthombeni and Associates funds. This should include Propalux 46 Ltd (No 2) account, 4047859381, held at ABSA, Vanderbijlpark. Please indicate the numbers of the account and the banks where the accounts are held. |
| 13) | A list of any other assets in the possession of Lucky Motlalepula Mthombeni, Propalux 46, Sekheleng Propalux, L M Fibas, and L Mthombeni and Associates which were bought out of Propalux 46 funds and which you would wish to bring to the attention of the Committee. |
The information requested in 1 to 13 above will be collected and discussed with you at 11h00 at your offices on 2 May 2000.
You might be interested to know that the Minister of Trade and industry appointed the members of the Committee during January 2000. The members are Adv R M Nzimande (Chairperson), Prof T A Woker (Vice-chairperson), Ms OS Davids, Dr B C Dumisa, Ms C Duval, Ms J K Mabotja, Mr R S Mokua and Mr D Solomon".
It appeared that Mthombeni tried his best to furnish the information required, but it was certainly not given in the format as requested in the letter of 26 April 2000. A list of the assets as furnished by Mthombeni is attached as Annex "A".
