Absa insists new order prevents farm return
August 2, 2009
By Wiseman Khuzwayo
Emile van Der Merwe, the private investigator who helped Dumisa Dlamini in his fight to have his 14 sugar cane farms returned, estimates that Absa owes Dlamini almost R3 billion.
This is inclusive of interest, for the money that the bank took from the proceeds of the sugar cane harvests.
However, Absa said on Friday: "While it is true that the first liquidation order of Kleindoornkop Boerdery was set aside, as a result whereof the appointment of Corporate Liquidators was similarly set aside, a second order of liquidation of Kleindoornkop Boerdery followed.
"The second liquidation order has to date not been set aside. Accordingly, the properties referred to by Mr Dlamini have not been restored to him."
Dlamini bought Rockvale Plaas in 1993 in two cash instalments. In an affidavit, Dlamini says: "I wish to point out that I never bonded or registered Rockvale Plaas as security for any liability with any commercial or land bank.
"Further to the best of my knowledge, Rockvale Plaas was never attached by any warrant of execution, liquidated or sequestrated.
"I bought it, paid a full purchase price and humbly request that this matter be investigated fully and the farm be returned and restored to its lawful and rightful owners, being myself and Kleindoornkop Boerdery."
Dlamini says Absa in Malelane, Mpumalanga, became his bankers on June 22 1993.
He says that in December 1993, he, on behalf of Kleinddornkop, entered into a mortgage bond agreement with Absa for R6.5 million.
However, he denies having received the money although certain properties were registered as security for the amount of the bond.
Dlamini says: "However, it transpired that the amount of R6 500 000 was paid out by Absa on 23 December 1993, five days before I entered and signed the bond agreement with Absa on behalf of the Kleindoornkop Boerdery.
"The money was paid out to parties or companies/close corporations and or persons unknown to myself and Kleidoornkop Broedery."
He continues: "Further, it would be or is highly irregular for a bank to make a loan payment before entering and concluding a loan agreement with a person or corporate body.
"Hence it can be concluded that Absa made the loan payment to a corporate body, person or people known to Absa and that my properties were merely used as security for the said loan and also Kleindoornkop Broedery became liable for the repayment of loan instalment due to the loan agreement."
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