LVK liquidators in collusion with Pretoria lawyers to defraud creditors and businesses

Southern African Banks

ABSA Bank & the demise of foreign investor Mr. Dumisa Mbusi Dlamini from
Swaziland

1

The Horror Story you will witness in these pages is
unfortunately not fiction, but a real life experience – The
experience of a Major Foreign Investor from Swaziland, Mr. Dumisa Mbusi
Dlamini, who saw fit to invest into South Africa, shortly before the
1994 Democratisation of this country.
2.

The attached copy of a Supplementary Affidavit by Mr. Dlamini (Annexure ELBS 1) gives one a short
summary of the events that led to him to be defrauded/alienated from
his total investments into South Africa.
3.

We will also attach hereto documentary proof of what is said
in this affidavit. This will include Civil and Criminal Court and
Police Cases, as well as a lot of other documentation and
correspondence with the Authorities in this Country, Authorities like
the Master of the High Court, Registrar of Deeds (Department of Land
Affairs, Registrar of Companies and Close Corporation, The National
Prosecuting Authority (NPA) and the South African Police Services. The
fact that the Authorities have till lately, totally failed to
investigate Charges and Complaints registered, allowed the perpetrators
of the crimes that had been utilised to alienate Mr. Dlamini from
everything he had invested and earned through these investments, to get
away with it over an extended period.
4.

In the process of the creation of as much confusion as
possible, the Organised Group of Conspirators registered a Close
Corporation with the identical name of Mr. Dlamini’s
Kleindoornkop CC with registration number 1987/008027/23 (Annexure ELBS 2). On this document
drawn on 2 December 2003 Peter Joseph Hefferman, a bogus attorney, had
still been registered as the sole Member of the CC. He registered
himself as Member on a CC belonging to Mr. Dlamini. This enabled him to
put the CC under voluntary liquidation on application by ABSA Bank, on
debt registered in the name of the later registered identical CC but
with registration number 1998/028045/23 (Annexure ELBS 3). On the CIPRO
document drawn on 03 January 2007, Hefferman is shown to have resigned
as member as early as 29 July 2002, clearly indicating how the culprits
have been playing around with the Registrar’s Office (Annexure ELBS 4). Also see Annexure ELBS 5 for the
affidavit
of the official of the Registrar of Close Corporations in this regard.
Please note that the first liquidation attempt on Kleindoornkop
Boerdery CC only followed four years later, in 2002. If one reads the
latter annexure it is clear that the groundwork regarding plans to
liquidate this CC had been laid a long time before – The
debts would still have to be created.
5.

In the mean time all Mr. Dlamini’s sugar crop income
had been paid into ABSA Accounts. The report from Haroon Minty,
mentioned in Annexure ELBS 1 is attached as Annexure ELBS 6. These monies, R
100,04 Million as at 6 May 2002 are, unless stolen, still in possession
of ABSA Bank.
6.
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Annexure ELBS 7 is another Report
from Minty a further amount of R 63,18 Million, as at 11 June 2002, is
also still in ABSA’s possession, in what they call a
“Bucket Account”. This had even been confirmed by
ABSA Attorney of Record, W A Du Randt. ABSA has also never disputed
this Auditors Report, neither the one mentioned in the paragraph above.
7.

This means that ABSA had been in possession over R 163 Million
of Mr. Dlamini’s Money when they were the Applicants for the
Liquidation of Kleindoornkop CC (twice) in the period 2002 to 2003
– A liquidation for alleged/created debts of R 13 to 15
Million. Does this make sense?
8.

The debts had been created for several years before the
original liquidation of Kleindoornkop Boerdery CC. During a High Court
Case when Mr. Dlamini defended himself against the ABSA claims that he
was in default of payments on Bonds against his properties –
Bonds he had mostly never applied for and monies he definitely had
never received. During the Court Case Mr. Dlamini’s legal
team disappeared from the High Court and he was forced by ABSA Attorney
of Record to sign a Settlement Agreement for Debts that had been
fraudulently created and from which he never had any advantages, on
threats to liquidate his Close Corporation and sequestrate himself,
should he not sign the Settlement Agreement. As Mr. Dlamini had been
earning major income from his farms and hotels at the time, and because
he wanted to avoid having to fight against the threats which had been
levelled against him, he signed the Settlement Agreement which had then
been made an Order of Court (Annexure ELBS 8).

9.

In paragraph 7.1 of the above Settlement Agreement (Annexure ELBS 8), all monies
receivable were to be paid into a certain ABSA Bank Account. From these
monies the Instalments agreed to would be deducted and the balance paid
into an Account nominated by Mr. Dlamini and Kleindoornkop Boerdery CC.
This never happened. The major part of the monies outstanding to Mr.
Dlamini and his Companies which have been proved as still supposed to
be in ABSA’s possession – Paragraphs 5 to 7 above
– came exactly from this source. The fact that ABSA
liquidated Kleindoornkop Boerdery CC for the same growing debts, also
indicates that al these monies had been sidelined and neither the
Settlement Agreement instalments nor the balance payments to
Kleindoornkop Boerdery/Mr. Dlamini had been happening as per the Order
of Court.
10.

Due to an earlier Irrevocable Agreement, along the same lines
as far as Sugar Crop Monies had been concerned, between Mr.
Dlamini/Kleindoornkop Boerdery CC and ABSA Bank, the same thing
happened. Annexure ELBS 9 is a WRIT OF
EXECUTION, with supporting documentation, against ABSA Bank, obtained
by Kleindoornkop Boerdery CC on 5 September 2002, for R 2,956,737.61
for monies outstanding on the Earlier Agreement.
11.



Annexure
ELBS 10 is another WRIT OF EXECUTION obtained by
Kleindoornkop Boerdery CC and Mr Dlamini against ABSA Bank, on 13
August 2002, for R 6,666,161.68 for monies outstanding as per the
Settlement Agreement/Court Order (Annexure
ELBS 8), at the time.
12.

On the 4th of September 2002, another WRIT OF EXECUTION
against ABSA Bank had been obtained for a further amount of R 2,975,585
for the same reason as in paragraph 11 above.
13.

The Sheriff of Barberton failed to enforce these WRITS on
promises by ABSA Attorney of Record, Mr W A Du Randt, from the Law Firm
Tim Du Toit Attorneys, that he was getting the WRIT, he alleged had
been fraudulently obtained, to be set aside, . An Application to set
aside the WRIT OF ATTACHMENT (Annexure
ELBS 10) had indeed been made, but without notice to Mr.
Dlamini and/or his Attorneys of Record at the time. Although Attorney
Du Randt managed to get the Order to set aside on 15 August 2002, the
Order was subject to him launching an application following the proper
procedures within 14 days (Annexure ELBS 12) – An
Application that had not been launched at all. Attorney Du
Randt’s letter dd. 16-08-2002 to Mr. Dlamini’s
Attorneys (Annexure ELBS 13), does not
mention that the Order was pending re-application and contains a lot of
threats and offers a very feeble excuse for not having notified the
other parties. His opposing Attorney’s letter dd. 21 August (Annexure ELBS 14) addresses these
issues. In Annexure ELBS 15, Mr. Dlamini
addresses the issues in an affidavit as well. Attorney Du Randt never
launched the re-application which made the subject to Set Aside nil and
void.

14.

Attached is a letter from Mr. Dlamini on behalf of
Kleindoornkop Boerdery CC to Attorney WA Du Randt from Law Firm Tim Du
Toit & Co (Annexure ELBS 16), in which he
levels the problems identified with the manner in which
ABSA’s Attorneys of Record manipulate High Court Cases to
suite their purposes. Outstanding/pending Cases are totally ignored
– Especially Cases in which Mr. Dlamini, on behalf of himself
and Kleindoornkop Boerdery CC, endeavours to stop the fraudulent
liquidation of the CC and later the sequestration of himself, by
proving the Millions of Rand that ABSA was and still is indebted to
him. The fact that Mr. Dlamini had always been hindered to conclude any
claims and other forms of High Court litigation against ABSA Bank due
to these practices later revealed another motive of these actions
– That of trying to have Mr. Dlamini declared as a vexatious
litigant. The attached letter from Mr. Dlamini to Attorney WA Du Randt (Annexure ELBS 17) further
describes some of these actions.
15.

Attached hereto is a report from Auditor Haroon Minty (Annexure ELBS 18) which clearly
illustrates how Mr. Dlamini had been set up since around 1992, for the
perpetrators of the crimes against him, by the Attorneys and Auditors


who were supposed to register the Investment Companies/Properties he
had been acquiring, into his name. This would later make the fraudulent
transfer of all his assets so much easier.
16.

Due to the fact that Mr. Dlamini successfully got the High
Court to set aside the original Liquidation of his Kleindoornkop
Boerdery CC (Annexure ELBS 19a) and the Master
of the High Court instructed the Liquidators to return al the attached
properties of same to the CC, the original Applicant, ABSA Bank, again
Applied for the Liquidation of Kleindoornkop Boerdery CC, but this time
without Registration Number (Annexure ELBS 19) Note that no
Registration number for Kleindoornkop Boerdery CC is reflective on this
Court Document – Nor will you find any mention in the
complete bundle of Court Documents, re the second Liquidation. The
parties involved did however manage to get a Liquidation Order issued
by the Registrar of the High Court which did reflect the Registration
number of Mr. Dlamini’s Kleindoornkop Boerdery CC –
I.e. 1987/008027/23 (Annexure ELBS 20), this had been
fraudulent. On Application by Mr. Dlamini, the High Court later again
issued the correct Liquidation Order without number, as same did not
reflect anywhere in the Court Documents (Annexure ELBS 21)
17.

Despite the above, the Master of the High Court again allowed
the Liquidators appointed after this second numberless Liquidation of
Kleindoornkop Boerdery CC, to dispose of the properties of the Original
1987 CC, as well as properties registered in the name of other
Companies belonging to Mr. Dlamini. When one reads the attached letter
from the Master of the High Court to the Liquidators (Annexure ELBS 22), it is clear
that the Master also agrees that it had not been Mr.
Dlamini’s Kleindoornkop Boerdery CC that had been liquidated
by the second liquidation. Why did the Master then, to this day not put
a stop to the fraudulent theft of Mr. Dlamini’s properties?

18.

Attached hereto is a letter from E.L. Business Solutions to
the Honourable Minister of Justice and Constitutional Development dd. 5
May 2004 (Annexure ELBS 23), in which the
assistance of the Honourable minister was sought, to stop the
fraudulent liquidation process to proceed, only to receive a
non-committal answer dd. 10 May 2004 (5 days later) - Again total
failure by the Authorities to intervene in the process through which a
Major Foreign Investor was being defrauded from his total Investments
and the proceeds thereof.
19.

The substitute Kleindoornkop Boerdery CC with Registration
Number 1998/028045/23 which had been registered to confuse the Courts
and the rest of the world, actually eventually confused the Liquidators
as well. The attached Power of Attorney to Transfer (Annexure ELBS 25), issued by the
Liquidators had also been made out in the name of this CC while all the
properties had been registered in the name of Kleindoornkop Boerdery CC
with Registration Number 1987/008027/23 and other Companies belonging
to Mr. Dlamini. The real problem had also been the fact that while the
Bonds against Mr. Dlamini’s properties had been registered
against the 1998 CC. See attached Deeds Office printout (Annexure ELBS 25a) regarding these
bonds that had been registered against the 1998 Kleindoornkop CC. The


Properties themselves had been registered against the 1987 CC and other
Companies. Another Deeds Office printout (Annexure ELBS 25b) shows that the
Endorsements (interdicts) had also been against this 1998 CC, a CC that
never had anything to do with Mr. Dlamini.

20.

The attached report by the Deputy Director of Public
Prosecutions (Annexure ELBS 26) is a further
example of the lack of attention even the Criminal Charges, which had
been registered by Mr. Dlamini, had been totally ignored by the
Authorities. I quote: “A matter of concern to this office is
the repeated indications/rumours that a group of influential people and
institutions in Nelspruit for example Absa Bank, certain attorneys and
the farming community appear to be too powerful to be
investigated.” The horror of it all is the fact that not even
this report had been able to get the Authorities into gear to
investigate the crimes that eventually alienated Mr. Dlamini from every
movable and immovable asset he had in South Africa and Swaziland. (For
the Swaziland saga, see our separate Case Study on SwaziBank on this
Website.)
21.

On an inquiry by Mr. Dlamini to the Deeds Office re the method
of transfer of his Properties, i.e. Powers of Attorney to Transfer, the
attached Deeds Office enquiry (Annexure ELBS 27), the Coversheet
reflects that the transactions had indeed been done from Kleindoornkop
Boerdery CC with Registration Number 1998/028045/23, the CC which never
owned any of said properties. In the attached letter from the Deeds
Office (Annexure ELBS 28) they confirm
that no valid Powers Of Attorney to Transfer were to be found on the
Transfer Files which had been queried. Annexure ELBS 29 is an example how
the Deeds Office the farm registered in the name of Paradise Game Lodge
Share Block Limited, from Paradise Game Ranch CC with Registration
Number 1994/034495/23, a CC Mr. Dlamini never knew and to which he had
fraudulently and without his knowledge been registered as a Member.
This had probably been done by the perpetrators of this fraud because
Mr. Dlamini had not been the sole Director of the other Company, which
would have made the sale of the farm, as his sole asset, impossible On
the last page of this document it is noted that the name of the Company
had been wrong – This seems to have been ignored..
22.

After the latter discoveries at the Deeds Office, the attached
Memorandum (Annexure ELBS 30) HAD BEEN SEND TO
THE State Attorney for a meeting between them, the Deeds Office, CIPRO
(Registrar of Companies and Close Corporations), and the Master of the
High Court, regarding the irregularities/crimes that had been found to
have been utilised to alienate Mr. Dlamini from his properties. This
meeting did take place on 24 October 2006 and had been attended by the
offices of the State Attorney, including the Chief State Attorney,
CIPRO and the DEEDS office. The Master did not show up. Attached is a
letter of feedback to Mr. Dlamini, and I quote: “I must say
that the meeting went well and it was general consensus that serious
irregularities appeared to have been committed in all the transactions
that were interrogated.” These will include all transfers of
Mr. Dlamini’s Properties, as well as the fraudulent
registrations of Companies/ Close Corporations at CIPRO.
23.

On completion of the above Liquidation Process Mr. Dlamini


still owned some properties which had not been swallowed in the
process. Despite the fact that ABSA Bank, by then, in 2004 already owed
him over R 163 Million plus another two years interest on that, the
same team decided to sequestrate him in person, to lay their hands on
the rest of his movable and immovable Assets.
24.

Peter Hefferman, the bogus Attorney, then arranged in a
fraudulent manner for one Itshak Knafo to apply, without the
latter’s knowledge and consent, to apply for the
sequestration of Mr. Dlamini, in person. Attached is part of an
affidavit from Mr. Knafo, which had been made when he registered a
criminal charge of fraud against Hefferman at the Commercial Crimes
Unit of the South African Police Services (SAPS) in Pretoria (Annexure ELBS 32). Mr. Knafo
denies ever having applied for or signed any documentation re the
Application for the sequestration of Mr. Dlamini.
25.

The attached letter to Mr. Knafo (Annexure ELBS 33) from the
Commercial Crime Unit, confirms on 12 January 2004, three years ago,
that the above case had been registered. Again, needless to say,
nothing much had been done about it to this day. The case is now, at
last, receiving attention on our insistence.
26.

Mr. Knafo’s Attorneys also filed a complaint against
Hefferman at the Law Society (Annexure ELBS 34). Confirmation
from the Law Society is attached (Annexure ELBS 35) Attached is a
letter from Steven Hefferman, Bogus Attorney Peter
Hefferman’s Attorney Brother, from whose offices Peter
Hefferman operated (Annexure ELBS 36). Despite the
fact that the brother denies that he had ever been in his employ, in
this letter dd. 21 September 2004, Peter Hefferman is still reflected
as an Attorney at SA Hefferman Attorneys as at 14 December 2005 on the
attached Credit Bureau print out (Annexure ELBS 37)
27.

During the process of wrapping up the ABSA Bank applied for
liquidation of Kleindoornkop Boerdery CC, the Liquidators attached 12
farms as per Annexure ELBS 38, despite the fact
that only two farms had been registered in the name of said CC.
Fraudulent Bonds had however been registered in the names of all the
other farms – Farms which had been registered in other
Companies belonging to Mr. Dlamini, and formed part of the created
debts against Kleindoornkop Boerdery CC. ABSA Bank had been unable to
prove , on a documentary basis, any application for these Bonds/Debts,
signed for by Mr. Dlamini, nor prove any payment of these monies to him
or on behalf of him - More about the failure to prove
this follows later.
28.

On 3 December 2003, ABSA Bank issued a Certificate of Balance
for Kleindoornkop Boerdery, again without Registration Number, of R
17,985,907.65 (Annexure ELBS 39), and on the same
date the Liquidators issued an Information Page reflecting that ABSA
Bank Had proven on 27/02/2004 debts for the latter amount as well as a
further R 4,548.27, and on 20/09/2002 these amounts grew to a total of
R 39,036,980.35 (Annexure ELBS 40). These
unexplainable changes in the amounts of money claimed by ABSA basically
duplicates the trends of the claims of SwaziBank, as described in the


Case Study of the latter, elsewhere on this Website. What boggles the
mind is the fact that ABSA Bank has failed to show any documentary
proof of any of these debts and Bonds – Not on a Rule 35(12)
Order of the High Court, nor on several demands by the Master of the
High Court. More about this (including documentary evidence thereof)
later.
29.

Despite the fact that the liquidators acknowledge that the
Liquidation of Kleindoornkop Boerdery CC with registration No. 1987
… had been set aside (Annexure ELBS 41), and confirm that
all the assets had been returned – this on 12 June 2006
– well knowing that they had indeed sold all these properties
after the second and numberless liquidation of Kleindoornkop Boerdery
CC and against created debts against the 1998 CC.
30.

After the liquidation of Kleindoornkop Boerdery CC –
By hook or by crook – his “enemies”
realised that he still owned some properties and other assets
– Assets that they failed to tie into the liquidation. It was
then that Peter Joseph Hefferman again surfaced with another scheme to
alienate Mr. Dlamini from the rest of his movable and immovable assets
– Again in a scheme of fraud.
31.

Peter Hefferman had been laying the groundwork for
this scheme, long before the time. He got a As early as in the year
2000, Mr. Itshak Knafo, prompted by Peter Hefferman, claimed an amount
of R 859,657.14 from Mr. Dlamini (Annexure ELBS 42). The Claim had
been done by Mr. Knafo for a company by the name Sakkie Die Israeliet
(Pty) Ltd, as Plaintiff, and Dumisa M Dlamini T/A Dumisa Dlamini
Estate, Defendant. Interesting to note is the fact that Mr. Dlamini
never owned a Company by the name Dumisa Dlamini Estate and neither did
he ever trade under that name. Although Mr. Dlamini had some business
dealings with Mr. Knafo, the latter owed him more money than he owed
Knafo. This claim had also been steamrollered through the Courts and
despite Mr. Dlamini’s vehement denial that he ever traded as
Dumisa Dlamini Estate and that he owed Mr. Knafo any money, judgement
had been granted. Another interesting fact is that Mr. Knafo had at the
time not even been registered as a Director of Sakkie Die Israeliet
(Pty) Ltd.

32.

Hefferman, who had been posing as an Attorney at the time, did
not then try to enforce the judgement, but held on to it for later use.
It was only after the liquidation of Kleindoornkop Boerdery CC that
Hefferman utilised this judgement to fraudulently – Without
the consent of Mr. Knafo and without the latter signing the Application
for the personal sequestration of Mr. Dlamini, Hefferman, through
correspondent Lawyers in Pretoria, filed the Application with Mr. Knafo
as Applicant.
33.

In an affidavit in the Court documents when Mr. Dlamini
litigated against Mr. Knafo and others, after the sequestration, Knafo
clearly stated that he did not wish to oppose Mr Dlamini’s
application, as he (Knafo) never applied for the sequestration. Mr.
Knafo denied that he had ever been part of the scheme to defraud and


that he had registered Criminal charges against Hefferman and reported
him to the Law Society (Annexure ELBS 43). The attached
letter to the Law Society (Annexure ELBS 44) confirms the
above. Also attached is the letter from SA Hefferman, Peter
Hefferman’s Attorney brother, to the Law Society, in which he
tries to explain the so called misunderstanding (Annexure ELBS 45). Also attached
is a letter of confirmation from the Commercial Crimes Unit in
Pretoria, about the said Case being registered (Annexure ELBS 46), while another
letter from the South African Police Services dd. 24 November 2006 (Annexure ELBS 47) again confirms
that this simple case had not been completed in three years –
Another failure by the South African Authorities to protect a Major
Foreign Investor. Annexure ELBS 48 is an affidavit
regarding the above case, which the SAPS had requested Mr. Dlamini to
give.
34.

Attached hereto is also the Court Document (Annexure ELBS 49) containing the
Opposing Affidavits from the Trustees, Co-Respondents in the case in
which Mr. Knafo denied ever having applied for the sequestration in
ELBS 43. In paragraph 4.4 of his Affidavit, Brian St Clair Cooper, on
behalf of the Trustees if the Insolvent Estate, says that
they had also been acting as external trustees in Swaziland to dispose
of Mr. Dlamini’s assets in that country. What he forgets to
say is the fact that they, the Trustees, ran from Swaziland when it had
been found that they were acting in contravention of many of the
sections in Swaziland Sequestration legislation, and had even been
taken to the Swaziland High Court by one of their own Claimants,
Swaziland Development and savings Bank. See the Case Study on SwaziBank
elsewhere on this Website.

35.

In paragraph 4.8 0f this document Cooper mentions that
another, and never appointed by the Master of the High Court, Truter
Wouda, also acted as Trustee and even attached an affidavit by him.
Interestingly enough is the fact that Wouda had been one of the
appointed Liquidators in the winding up of Kleindoornkop Boerdery CC,
the fraudulent process we had been dealing with above. Did they need
the EXPERT from the Liquidation, who so effectively wrapped that
process up, to do the same with the administration of the, fraudulently
obtained, Insolvent Estate?
36.

In paragraph 4.10 Cooper claims that Knafo confirmed that no
fraud had been committed, despite the latter’s Affidavit to
the contrary and the registered Criminal Charges and report to the Law
Society.
37.

In paragraph 5.7 Cooper stated that he did not understand that
Mr. Dlamini waited so long to address the sequestration in Court. If
one looks at the date the Commissioner of Oaths commissioned this
affidavit, i.e. the 15th day of March 2007 (somewhere in future), this
may be understandable, but he forgets that Mr. Dlamini had filed a
NOTICE OF LEAVE TO APPEAL as early as 26 June 2003 (Annexure ELBS 50) An Application
that had, to this day, not been addressed by the Court and is still


pending. He also filed a: NOTICE OF INTENTION TO REVIEW THE HONOURANBLE
JUDGE MR. JUSTICE KRUGER W.R IN TERMS OF RULE 53 (Included in ELBS 50).
This Case is also still pending. Please note that the Honourable
Justice Kruger is an Advocate who had , at the time, as a temporary
Acting Judge, taken over the Case from the Honourable Judge
Bertelsmann, who had withdrawn from the Case and later refused to even
discuss the reasons therefore wit Mr. Dlamini. The Honourable Judge
even had Mr. Dlamini removed from his Offices when he tried to see the
Honourable Judge in this regard.

This case is also still pending.
38.

Annexure ELBS 51, Annexure ELBS 52 and Annexure ELBS 53, are
representations made to ABSA Bank Senior Management regarding the
Fraudulent Liquidation and Sequestration. These had been referred to
the ABSA Legal: Litigation and Disputes Team, to which Annexure ELBS 54, 55 and 56 had been sent, for their
attention.
39.

The attached reply, on behalf of ABSA Bank, by Attorney of
Record during both the Liquidation and Sequestration, as well as the
litigation before those for the Bank, W A Du Randt from Law Firm Tim Du
Toit Attorneys (Annexure ELBS 57), contains
threats against EL Business Solutions and does not attempt to supply
any real answers to the latter’s requests/demands, to supply
documentary proof of ABSA’s claims. In paragraph 4 Du Randt
points out that Sakkie Die Israeliet (Pty) Ltd. had been the Applicant
in the Sequestration proceedings, well knowing that this had been
denied by Knafo and that Criminal Charges as well as a report to the
Law Society had been registered. Du Randt threatens that ABSA would
oppose any effort to get the sequestration set aside and threatens to
seek Special Costs including costs de bonis propriis against EL
Business Solutions. His threats had been expected and EL Business
Solutions would have loved to get facts to light in an open Court as
they were and still are aware that ABSA Bank does not possess any valid
documentary proof of any application for the Bonds Mr. Dlamini is
alleged to have made, and has no proof that any of those monies had
been paid to him or on his behalf – this despite the
Settlement Agreement Mr. Dlamini had been bullied into after the
mysterious disappearance of his Legal Team from the Court, that day.
40.

Despite the above the ABSA Legal: Litigation and Disputes
Team, continued to interact with EL Business Solutions and days before
the latter received a written response, dd. 31 October 2006, from them (Annexure ELBS 58) they
telephonically indicated that they, until then, could not find any such
proof of claims. The latter Annexure came as a total surprise to EL
Business Solutions (ELBS), because up to that stage it really looked as
if ABSA Bank’s Legal Department was taking matters seriously.
In this letter EL Business Solutions was blatantly referred back to
ABSA Attorney of Record, Du Randt, who seemed to, again have hi-jacked
the matter. They also referred to the fact that Mr. Dlamini failed with
Criminal and Civil litigation, many times, in the past – a
fact that had been dealt with above. All these cases, Civil and
Criminal, had been swept under the carpet, and in many Cases the Courts
have allowed ABSA to bring Litigation despite pending cases on
basically the same subjects – Actions which nullified those
attempts. Then, two weeks later, ELBS received a letter dd. 13 November
2006 from Du Randt, confirming same. This letter actually then lacked
the threatening trend of the previous one (Annexure ELBS 59).
41.


In an internal Memorandum in the offices of the Master of the
High Court the writer is of the opinion that Mr. Dlamini had been
fraudulently sequestrated (Annexure ELBS 60). This follows
the attached Masters Report (Annexure ELBS 61). In this
document mention is made of the uncompleted cases in South Africa and
Swaziland. See paragraph 40 above. The fact that the Authorities have
totally failed to bring relief to everything that had been reported.

42.

Annexure ELBS 62 is a letter from
the Master to the Trustees in which the absence of proof of claims by
most Claimants is queried. The Trustees respond to this with a letter (Annexure ELBS 63) confirming that
the Claimants had been requested to forward such documentary proof.
This clearly shows that the Trustees alienated Mr. Dlamini from his
Properties and other assets without proof of claims on file.
43.

On Application by Mr. Dlamini, the High Court issued a Rule
35(12) Order Compelling the Trustees to show documentary proof of
claims by 23 May 2006 (Annexure ELBS 64). The attached
letter from the Trustees to ABSA Bank (Annexure ELBS 65) confirms that
they had no proof of ABSA claims on file, as at 17 May 2006. Annexure ELBS 66, 67 and 68 are further correspondence
in
the above regard. To this day the Trustees as well as the Claimants are
in Contempt of the Rule 35(12) Court Order, and could not provide any
such proof of claims. You will note that SwaziBank proved their claims
by he minutes of a meeting, as if one can decide at a meeting that
somebody owes you money and that is acceptable proof of debt. The South
African Revenue Services actually owes Mr. Dlamini Millions of Rand in
overpaid taxes as per an Auditors Report, and their claims had mainly
been based on the monies that Transvaal Suiker Beperk (TSB) reportedly
paid to Mr. Dlamini – Monies he had never received and which
had been sidelined by ABSA Bank.
44.

In his letter to the Master, dd. 11-06-2006, Du Randt, ABSA
Attorney of Record, writes that ABSA proved their claims –
Despite the above. He also states that Kleindoornkop Boerdery CC had
been successfully liquidated but fails to mention that the CC had been
liquidated without a registration number – This despite the
fact that he and all the other participants new about the other CC with
identical name which had been registered. He also cannot deny this as
he had been one of the people who received Power of Attorney to
Transfer the Properties from this 1998 CC, a CC to which these
properties never belonged.
45.

Attached hereto is another request to the master of the High
Court re the proofs of Claims (Annexure ELBS 71). A request that
remains unfulfilled.
46.

As a result of the facts that Bonds had been registered in the
name of a different CC, a CC that did not even belong to Mr. Dlamini,
he wrote the attached letter to the Chief Registrar of Deeds,
requesting a check on the methodology utilised to do the Transfers from
one CC while the Bonds had to be cancelled in another CC (Annexure ELBS


71). The document is self explanatory and contains very interesting
facts.
47.

This investigation opened a can of worms. It had been found
that there had been no valid Power of Attorney to Transfer for all the
Transfers done. The Chief Registrar of Deeds called for a meeting with
the Senior State Attorney where the other participating Authorities
like CIPRO (Registrar of Companies and Close Corporations) and the
Master of the High Court was supposed to be represented. Annexure ELBS 72 reflects the
outcome of this meeting, and we quote: “I must say that the
meeting went very well and it was general consensus that serious
irregularities appeared to have been committed in all of the
transactions interrogated.” It is therefore clear that fraud
had been at the order of the day during the whole
administrative/wrapping up process of both the Liquidation and the
Sequestration.
48.

The attached Sales Agreement as compiled by the Trustees of
Mr. Dlamini’s Insolvent Estate, shows that the farm, that had
in fact been registered in the name of the Company Paradise Game Ranch
Share Block Limited, had been sold from a Close Corporation Share Block
CC (Annexure ELBS 73), while the
actual CC had been fraudulently registered with Mr. Dlamini as Member
as early as 1994, and named Paradise Game Ranch CC with registration
No. 1994/034495/23. See the note by the Conveyanser on the last page on
the deeds transfer document (Annexure ELBS 74) in this regard.
The Power of Attorney to Transfer again shows the CC (also in the wrong
name Paradise Game Ranch Share Block CC, with the Share Block scratched
out and initialled by only one person) and with the wrong registration
Number 1997/034495/23 – All this while the farm had actually
been registered in the name of Paradise Game Ranch Share Block Limited (Annexure ELBS 75). Also attached
is the registration certificate for Paradise Game Ranch CC Registration
Number 1994/034495/23 (Annexure ELBS 76), in which Mr
Dlamini had been fraudulently registered as Member. Please also take
note that the original Paradise Game Ranch Share Block Limited had 3
other directors excluding Mr. Dlamini. Yet the other Directors had been
totally ignored when the farm had been confiscated in the sequestration
of Mr. Dlamini alone. In the attached Deeds office document (Annexure ELBS 77), the non
existing CC Registration number 199703449523 is depicted as the company
against which the interdicts had been obtained. In the founding
Affidavit by the Trustees, by Truter Marais Wouda, the never appointed
Trustee, they apply for the eviction from the farm belonging to the
fraudulent registered Paradise Game Ranch CC. (Annexure ELBS 78) Also attached
the NOTICE OF MOTION regarding the latter. (Annexure ELBS 79)
49.

In the attached letter from THE MASTER OF THE HIGH COURT to
the DIRECTORATE OF SPECIAL OPERATIONS dd 30 May 2006 the Master
requested an investigation into the suspicions of fraud in the
sequestration of Mr Dlamini (Annexure ELBS 80). Needless to say
nothing has since been done about this request. E L Business Solutions
wrote a letter to Advocate Gerrie Nel of the Directorate of Special
Operations at the NATIONAL PROSECUTING AUTHORITIES dd 24 October 2006
in this regard. The attached (Annexure ELBS 82) is the only
reaction to date.

50.

The letter written by E L Business Solutions to the MASTER OF


THE HIGH COURT dd 9 October 2006 (Annexure ELBS 83) remains
unanswered to this date. A letter to the Master dd 18 October 2006 (Annexure ELBS 84) suffers the same
fate.
60.

The ELBS letter to the PRETORIA CENTRAL CRIMES UNIT dd 16
October 2006, (Annexure ELBS 85) copied to the
National Commissioner of South African Police Services has been
answered (Annexure ELBS 86).
61.

The letter to the HONOURABLE Minister of Justice and
Constitutional Affairs dd 31 October 2006 (Annexure ELBS 87) resulted in
being passed on to the National Commissioner of the Police (Annexure ELBS 88).
62.

The matter had also been referred to the Honourable President
of South Africa on 3 November 2006 (Annexure ELBS 89), who confirmed
that the matter had been referred to the Ministry of Justice and
Constituently Development and ELBS had been promised that the
Presidency would report back in due course. (Annexure ELBS 90)
63

With reference to paragraph 47 above, the investigations
mentioned have now reached an advanced stage. The attached Memorandum
from the Department of Land Affairs (Annexure ELBS 91) makes for very
enlightening reading. Under the heading “ELABORATE
IRREGULARITIES INVOLVING CIPRO, MASTER’S BUSINESS UNIT
& PRETORIA DEEDS REGISTRY: DUMISA DLAMINI’S
MATTER” (see annexure ELBS 30) one expected fireworks. (The
Annexures referred to in ELBS 91, with Tag numbers have been split to
facilitate easier opening on Website, as follows:
(Annexure ELBS 91.1) (Annexure ELBS 91.10) (Annexure ELBS 91.19)

(Annexure ELBS 91_2) (Annexure ELBS 91_11) (Annexure ELBS 91_20)







64.

Specifically noteworthy in paragraph 7 on p. 4 of this report
is the following: “On 23 July 2002, a liquidation interdict
was noted in the DRS of Pretoria deeds registry against the name of
Kleindoornkop Boerdery CC 1998/028045/23. The said interdict is filed
as I 10981/2002 CY. … It must be pointed out, in relation to
this interdict, that the information contained in the DRS does not
correspond with the information contained in the source document, in
that the source document refers to Kleindoornkop Boerdery CC
1987/08027/23 and not Kleindoornkop Boerdery CC 1998/028045/23.


… On 7 June 2004, a liquidation interdict was noted in the
DRS of the Pretoria deeds registry against the name of Kleindoornkop
Boerdery CC 1987/08027/23”. ( we here refer you to paragraph
16 above – the numberless CC liquidated- Which means that
this had been a fraudulent liquidation interdict which had been filed
on 7 June 2004.)
65.

In paragraph 8 on p. 5 of this document it is stated:
“The deeds office records at the time of the transfer of the
properties to Break Even 76 (Proprietary) Limited No. 2004/010513/07
were contradicting one another. The DRS reflected Kleindoornkop
Boerdery CC 1998/028045/23 as the registered owner. On the other hand
the relevant title deeds reflected Kleindoornkop Boerdery CC
1987/08027/23 as the registered owner.” …
“Rectification of deeds and, if applicable, of the DRS,
generally, takes place on the basis of an application in terms of
section 4(1)(b) of the DRA.” … “ It is
important to note that neither did the title deeds nor the DRS
printouts reflect the registration of the application referred to
above.”
66.

Paragraph 9 of the report shows that: “ The transfer
of properties was based on power of attorney executed on 1 June 2004 by
the liquidator of Kleindoornkop CC 1998/028045/23 (In
Liquidation).” … “In the examination
process , the discrepancy referred to in paragraph 8 was never queried
by the examiners concerned, as it should. In addition, the discrepancy
referred to in paragraph 7 was not queried by the examiners.”
67.

In Paragraph 10 “CONCLUSIONS” it is noted
that:-

- The deeds office had been well aware of the existence of the
two Close Corporations with identical names, but different registration
numbers;

- “The deeds office recorded the liquidation of Kleindoornkop
Boerdery CC

- 1998/028045/23 without ever receiving any source document
that relates to The liquidation of the said Close Corporation; the
Pretoria deeds registry DRS information regarding the ownership of the
properties mentioned in this report was, at some stage, changed from
Kleindoornkop Boerdery CC 1987?08027/23 to Kleindoornkop Boerdery CC
1998/028045/23 and that this change was not based on any section
4(1)(b)application, as is normally the case; the examination process
when the properties were to be transferred to Breakeven (Proprietary)
Limited No. 2004/010513/07 failed to query an important and a
conspicuous discrepancy that existed between the DRS and title deeds of
the properties.”
68.

The “RECOMMENDATIONS” contained clearly
shows that the following role players needed to be investigated:-



- Deeds Office personnel/officials involved

- The Officials of CIPRO, involved in the fraudulent registration of a
second and identical Close Corporation.

- The Liquidators involved in the Liquidation process and their
appointments.

- The Conveyancers involved.
69.

In conclusion, the above makes it abundantly clear that the
Fraudulent Liquidation Process, which directly led to the Fraudulent
Sequestration Process, had been planned and executed over many years.
In the process of creating scenery that would serve to confuse and
facilitate the total demise of the Financial Empire of Major Foreign
Investor, Mr Dumisa Dlamini, had eventually confused the perpetrators
of the fraud to such an extend, that it became impossible to wipe out
the trails of their deeds.
70.

It is appalling to note, that the Authorities in South Africa
had been dragging their feet for so many years, which allowed Mr.
Dlamini to be alienated from his total Investment into this Country, in
such a blatantly fraudulent manner. Not even our so called effective
Legal System had until now, protected his interests. Every piece of
litigation that Mr. Dlamini has instituted had either been wiped under
the carpet, delayed, short circuited or remains pending.
71.

HATS OFF, TO THE DEPARTMENT OF LAND AFFAIRS, who at last put
hand into their own bosom, and came up with the TRUTH! CONGRATULATIONS
TO CIPRO, who joined into the Investigation/inquiry! Sadly THE MASTER
OF THE HIGH COURT failed to accept the invitation of the STATE
ATTORNEY, who chaired the original meeting, which led to the Inquiry.

72.

Also sadly, the rest of Officialdom are still dragging their
feet to do something and help resolve these issues, to restore the
Financial Empire of a Major Foreign Investor – A Man, who
with his family, had been put on the street without a cent to his name!
73.
Also see the attached Affidavit by
Liquidator Truter Wouda (Annexure
92), in which he tries to make out that he does not know why
the WRONG KLEINDOORNKOP BOERDERY CC , with Reg. No. !998/028045/23, had
been used in the liquidation! This is laughable, in light of the clear
facts in the former Annexure ELBS 92, which shows us how the Properties
had been fraudulently Transferred to this CC where all the fraudulent
Bonds have been registered as well. He ignores the fact that this had
been a scheme to confuse – A scheme that had been planned
long before (1998) to cater for exactly the possibility that the
Liquidation of the 1987 CC could be set aside, and facilitate their
Legal Gymnastics in this manner.

74.
Attached hereto is ELBS’s latest
correspondence to ABSA Attorney of Record, Mr. W.A. Du Randt, copied to
the head Office of his Law Firm, Tim Du Toit Attorneys in Pretoria, as


well as to the ABSA Bank: Legal Litigation and Disputes Team (Annexure
ELBS 93). This document sets out the totally illegal process
followed, by which Mr. Dlamini’s properties and other Assets
had been stolen from him, despite the first Liquidation. The Annexures
mentioned in this document is attached in the same order.

(Annexure
ELBS 93.1) (ELBS
93.2) (ELBS
93.3) (ELBS
93.4) (ELBS
93.5).
75.
The attached letter from the Master of the High Court to LVK Trust (Annexure ELBS 94 ) clearly shows
that things are, at last, coming to a point. In this letter the Master
states that it is clear that Mr. Dlamini had been fraudulently
sequestrated, that the Trustees knew this and by going on with
administering the Fraudulently obtained Sequestration and are therefore
party to it. He also points out that the Trustees are in Contempt of
the Rule 35(2) Order by the High Court and are in breech of several
prescriptions of the Law on Insolvency.
76.
Also attached is a letter from E.L. Business Solutions to the ABSA
Legal: Litigation and Disputes Team (Annexure ELBS 95 ), on their
request following the copy of the letter to Attorney WA Du Randt, in
paragraph 74 above.
77.

With reference to paragraph 4 above, and specifically Annexure
ELBS 3, the registered Kleidoornkop Boerdery CC with Reg. No.
1998/028045/23, mentioned therein. We have been contacted by Mr
Wilsenach, the Registered Member of this duplicate named CC, from
London, suddenly after ELBS has become very active among the
Perpetrators of the Crimes, in Mpumalanga again, during the last half
of 2006. He claimed that his CC had been and still should be dormant,
and that he had not utilised it. This was clearly total hogwash if you
study the attached Deeds Office documentation re the Transfer of one of
Mr. Dlamini’s farms that had been sold by
Wilsenach’s CC (Annexure ELBS 96). The 10th page
of this document clearly requests that the transfer be speeded up
because he, Mr. Wilsenach, had already been in London and needed the
money urgently – So much for knowing nothing about the scam.
78.

With reference to paragraphs 74 and 76 above, the attached
letter from Tim Du Toit Attorneys dd. 8-02-2007, had been received on
enquiries made by Mr. Dlamini (Annexure ELBS 97) In this document
answers had been promised. Very shortly after this, we have received
another letter from these Attorneys telling us that they were not going
to answer and will claim major costs against us and our Client (Annexure ELBS 98).
79.

In our reply we told Tim Du Toit Attorneys that we are looking
forward to see them in Court. We then also wrote a letter to the newly
appointed Chairman of ABSA Bank, Ms. Gill Marcus, informing her about
the goings on (Annexure ELBS 100)
80.

After the latest round of correspondence between ELBS, our
Client, Mr. Dlamini and ABSA Legal: Litigation and Disputes Team and
their Attorneys of Record, we received the attached letter from Tim Du


Toit Attorney’s Mr. Du Randt (Annexure ELBS 101). From this
letter it is clear that ABSA Bank Legal team had instructed its
attorneys to arrange a meeting to discuss matters around the table
– This after so many previous attempts to get the Bank to
discuss matters.
81.

The next moment, on the same day as the above, we had also
been served with High Court Papers (Annexure ELBS 102a)(Annexure ELBS 102b)(Annexure ELBS 102c)(Annexure
ELBS 102d)(Annexure ELBS 102e).
82.

With reference to the Writs, attached as Annexures ELBS 9,
ELBS 10 & ELBS 11, there had been some new developments. These
WRITS had been reissued by the Registrar of the High Court (Annexure ELBS 103) (Annexure ELBS 104) & (Annexure
ELBS 105). Two of these
WRITS (Annexures ELBS 103 & 104) had been handed to The Sheriff
of the Court in Johannesburg to execute – Please note that
these had been issued on behalf of Kleindoornkop Boerdery CC
1987/08027/23, belonging to Mr. Dlamini. When the Sheriff tried to
serve these on ABSA Bank at ABSA Towers, in Johannesburg, they showed
him a Liquidation Certificate for Kleindoornkop Boerdery CC –
without number – and sent him away. You will remember that
this liquidation certificate is the one fraudulently obtained, after
the liquidation of Mr. Dlamini’s Kleindoornkop Boerdery CC
1987/08027/23 had been set aside by the High Court. (See paragraph 16
above) ABSA Bank has therefore denied the Sheriff to fulfil his duties
by showing him a document they knew not to be in relation with the
specific Close Corporation mentioned in the WRITS. Returns of Service
attached as Annexure ELBS 106 & Annexure ELBS 107.
83.

The other Writ (Annexure ELBS 105) had been given to the
Sheriff of the Court in Pretoria for execution. Here, ABSA Bank came
out with another ploy by showing the Sheriff a Registered Application
To Intervene, in the Application to Set Aside the Sequestration of Mr.
Dlamini in his personal capacity, claiming that current litigation
precludes the execution of this WRIT – As if this case has
anything to do with Kleindoornkop Boerdery CC, in which name the WRIT
had been issued – Another illegal deterrent preventing the
Sheriff from fulfilling his duties. This document that had been
utilised had been faxed to ABSA Bank, while the Sheriff had been on the
premises, by Tim Du Toit Attorneys.
84.

These points had been clearly pointed out to the Sheriffs in
question. – Totally illegal Acts by ABSA Bank and their
Attorneys of Record, hindering the Sheriffs in the execution of their
duties. Instead of the Sheriffs returning to ABSA Bank and, this time,
properly executing the WRITS, we are now expected to pay an amount of R
3 Million into the Sheriff’s account as surety, should ABSA
Bank hit them with a claim, after execution of the WRITS. Just another
example of the UNTOUCHABILITY of the Bank, by authorities - The
Registrar of the High Court would surely not have reissued these WRITS
if there had been any doubt of the current standing of the Active and
Registered Kleindoornkop Boerdery CC 1987/08027 23. (Annexure ELBS 108)
85.

It therefore seems that we are going to have to revert to the
High Court again to get these WRITS executed, and site both ABSA Bank


for their illegal hindering of the Sheriffs of the Court in the
execution of their duties, and the Sheriffs involved for dereliction of
duty and damages. It may now also be the time to Apply for WRITS
regarding the, since 2002 outstanding monies ABSA also owes
Kleindoornkop Boerdery CC 1987/08027/23, as per Annexures ELBS 6
& 7 above – A total of over R 163 Million plus
interest since 2002.
86.
On 17 April 2007,
the Deputy Sheriff of Johannesburg Central, again went to ABSA Towers in Johannesburg and executed three WRITS
OF
EXECUTION by attaching R 12.6 Million worth of movable assets (Annexure ELBS 109)
87.

In the Business Day Publication, The Weekender of 21-22
April, an article regarding the execution of the above WRITS OF EXECUTION was
published (Annexure ELBS 110). This being the first time any newspaper in this
country was prepared to publish, despite threats from ABSA Bank. All the other
papers were always very interested in this story, but fell off the bus every
time they receive a threat that ABSA Bank would withdraw its advertising if
they publish anything in this regard – So much for FREEDOM OF THE PRESS.
88.

Manager of ABSA Bank’s Legal: Litigation and Disputes Team,
in his input in the above article states that neither Mr. Dlamini, nor
Kleindoornkop Boerdery CC 1987/08027/23, ever obtained any judgements against
ABSA Bank, but fails to say that
these WRITS had been issued while ABSA Bank had been litigating against the
other parties, when the presiding judge realised that they (ABSA) were in
contempt of their own Court Orders.
89.

He also
alleges that ABSA Bank previously managed to get the WRITS set aside – Which is
a lie. With reference to paragraph 13 above, you will see that ABSA Bank’s
Attorney of Record got one of the WRITS set aside pending reapplication within
14 days, a reapplication which had never been done, making this Court Order nil
and void – Maybe half a truth is seen by Mr. Cooper, to be better than a lie.
Is he insinuating that one can merely walk into the Offices of the Registrar
and ask for whatever Writs you want, without those every having been issued by
the Court?
90.
Cooper’s allegation that Mr. Dlamini, as an insolvent, may not litigate,
is some more hogwash.. Despite the fact that a
different Person owning an unknown to Mr. Dlamini, entity, had been
fraudulently sequestrated, and that he had then been treated as the insolvent,
a fact which had been confirmed by the Master of the High Court, The State
Attorney’s meeting, and the Deeds Office Report. We
have determined that, despite the fact that Mr. Dlamini is not the person who
had been sequestrated, an Insolvent may litigate
without the permission of the Trustees of his insolvent estate, under certain
circumstances. I quote from the authoritive publication on Insolvency Law, “The
Law of Insolvency” by Catherine Smith: “Since
the insolvent has a vital reversionary interest in his insolvent estate he has
the right to litigate in matters connected with the administration of the
estate. Thus he has the right to institute action to recover property which in
his opinion should belong to the estate where his trustee has refused to take
the necessary steps; he has the right of action against the trustee for
maladministration of the estate; he may object to the improper sale of assets
by the trustee and for the admission of any proof of debt not enforceable
against him; the courts have recognised the insolvent’s locus standi to attack
the liquidation account or to intervene as defendant in an action brought


against the estate, He may bring an application for an order removing his
trustee from office. He also has the right to bring review proceedings against
any ruling by the master or any presiding officer at a meeting of creditors.”(Annexure ELBS 111)
91.

The rest of
his explanations re the debts of Mr. Dlamini and Kleindoornkop is also total hogwash. The rest of the history of the
fraudulent creation of debt, the liquidation of a Kleindoornkop Boerdery CC
without registration number, the theft of the Farms belonging to Mr. Dlamini,
and his Kleindoornkop Boerdery CC 1987/08027/23 and other Companies by
fraudulently transferring same, as well as the fraudulently created Bonds, to
the fraudulently registered Kleindoornkop Boerdery CC 1998/028045/23, had been
dealt with in this WEBSITE, at length. The current staying of the WRITS he
refers to, will be dealt with hereafter.
92.

On the day
that the Sheriff attached to over R 12 Million in movable assets, at ABSA Towers, they, wit the Liquidators of the
numberless Kleindoornkop Boerdery CC – A non-entity – Ran to the High Court wit
an Urgent Application to get the WRITS out of the way. They then faxed the
attached order to the Sheriff, to stop him removing the attached assets.(Annexure ELBS 112)
93.

We attach hereto the Court documents in this
case (Annexure ELBS 113)
.The following paragraphs sets out how these parties,
involved in the fraudulent creation of debts, and the fraudulent theft of the
properties, as set out above, again abused the High Court, to try to get away
with these crimes. These documents had been missing from the Court file, on 19
April when we wanted to get copies. On enquiries to the Clerk of Honourable
Judge Botha, she phoned the Offices of Tim Du Toit Attorneys, they admitted to
removal of the documents from Court, and said they would only return same, on 23
April 2007.
The Registrar confirmed the absence of documents on file as per the attached
note. (Annexure ELBS 114)
THE PARTIES.
94.
The FIRST APPLICANT is JOACHIM HENDRIK BOTHA, in his capacity
as the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in
liquidation) (with no registration number and therefore a
non-entity), practising as such from Sechaba Trust, 1018 Church Street,
Hatfield, Pretoria.
95.
The SECOND APPLICANT is TRUTER MARAIS WOUDA, in his capacity as
the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in liquidation) (with no registration number and
therefore a non-entity), practising as such from LVK Trust, De Kleine
Admiraal, 76 Andries Street, Pretoria.
96.
The THIRD APPLICANT is THEMBA BENEDICT LANGA, in his capacity
as the duly appointed joint liquidator of Kleindoornkop Boerdery CC (in
liquidation) (with no registration
number and therefore a non-entity), practising as such from Langa
Attorneys, 423 Jan Smuts Avenue, Blairgowrie, Randburg.
97.
The FOURTH APPLICANT is ABSA BANK LIMITED, a company and Bank
registered as such in terms of the Companies Act, 61 of 1973 and the Banks Act,
1990, with registered address at 27th Floor, ABSA Towers, 160 Main
Street, Johannesburg, and the Applicant for the liquidation of Kleindoornkop
Boerdery CC. (with no registration
number and therefore a non-entity)
98
KLEINDOORNKOP BOERDERY CC (NOT IN LIQUIDATION) (REGISTRATION


NUMBER 1987/08027/23 AND THE WINDING UP OF THE NUMBERLESS KLEINDOORNKOP
BOERDERY CC.
Kleindoornkop Boerdery, First
Applicant in this matter CC 1987/08027/23, was
fraudulently sequestrated in 2002, by bogus attorney PETER JOSEPH
HEFFERMAN, who fraudulently registered himself as Sole Member of the CC and
placed it in Voluntary Liquidation, with ABSA Bank Limited as major Claimant.
98.1 On Application, this Voluntary Liquidation
had been set aside, by the Honourable
Justice De Vos, firstly
due to the theft of the CC and its fraudulent Voluntary
Liquidation, and secondly because it had been
proved that Second
Respondent in this
matter, owed First Applicant, Kleindoornkop Boerdery CC 1987
… in excess of R 163 Million (one hundred and sixty three million Rand) as by
January
2002. This had been
proved by the Reports of independent Accountant, Haroon Minty
and accepted by the Court.
98.2 In stead of appealing against the above,
FOURTH APPLICANT, in this matter,
through Attorney of
Record, WILLEM ADRIAAN DU RANDT from Law Firm Tim
Du Toit Attorneys, rather applied for the
Liquidation of a numberless Kleindoornkop
Boerdery CC.
98.3 The order for the final winding up of
Kleindoornkop Boerdery CC, attached to the
Application
on the Court Order, in this matter, as Annexure F, is a forged document.
Due to the fact that no
number for the liquidated Kleindoornkop appears anywhere in
The Court documents in
the liquidation proceedings, the Court reissued the correct
liquidation Order without registration number.
98.4 Most probably, in preparation of a contingency
plan in case of circumstances, such as
above arising, another Kleindoornkop
Boerdery CC with Registration Number 1998/028045/23, had been fraudulently registered
in 1998. In an affidavit, trying to explain why he allowed this fraudulent registration
to go through, Senior Legal Advisor at CIPRO, Johannes Friedrich Helberg,

states that he had been told that the existing registered Kleindoornkop
Boerdery CC, 1987/08027/23, was being liquidated – This four years before the actual fraudulent liquidation of same,
the liquidation
which had been set aside.
98.5 Another senior legal advisor at CIPRO, Mr.
D.M. Mokaba, submitted the attached affidavit, stating that
Kleindoornkop Boerdery is active, and that RESPONDENT is registered as the sole member.
98.6 In paragraph 2 of his FOUNDING AFFIDAVIT,
FIRST APPLICANT, states under oath that
he is the appointed joint liquidator of “Kleindoornkop Boerdery CC (in liquidation) (registration number
1987/08027/23)” and SECOND APPLICANT in that matter, confirms same in his
CONFIRMATORY AFFIDAVIT, but conveniently does not include the registration
number of the CC. This, most probably, because he knows that the inclusion of
the registration number will make him guilty of perjury as well – Especially
because he had already made an affidavit, wherein he states that they, the
liquidators of Kleindoornkop Boerdery made a mistake when they issued the POWER
OF ATTORNEY TO TRANSFER the properties in question, in the name of
Kleindoornkop Boerdery 1998/028045/23 – The CC that had been fraudulently
registered in 1998 – and that it should have been issued under Kleindoornkop CC
1987/08027/23, and that he does not know how this happened. This is some more
perjury, because he was well aware that, by then, they have fraudulently
transferred al said properties, and the fraudulently created debts of the


latter Kleindoornkop, to Kleindoornkop Boerdery CC 1998/028045/23, to get
around the set aside of my Kleindoornkop 1987’s liquidation. See the attached Report
compiled by the Deeds Office, in this regard. This confirms what the Registrar
of the Deeds Office stated in an earlier letter that: “I must say that the
meeting went well and it was general consensus that serious irregularities
appeared to have been committed an all the transactions that were
interrogated.” This meeting took place in the offices of the State Attorney and
was attended by the Deeds Office and CIPRO. It is therefore clear that FIRST,
SECOND AND THIRD APPLICANTS, were and still are, well aware that they were dealing with the winding up of a
liquidated
numberless and non-existing Kleindoornkop … CC, selling properties in Sale in Execution which had been stolen
from Kleindoornkop Boerdery CC 1987/08027/23, transferring them from
Kleindoornkop Boerdery CC 1998/028045/23. In a letter to the Master of the High
Court, the liquidators confirm on 12 June 2006, that Kleindoornkop Boerdery CC
1987/08027/23 and all the properties are being returned to RESPONDENT in this
matter, because of the set aside of the liquidation. This never happened.
98.7 After the fraudulent theft of all the above
properties (twelve farms), RESPONDENT still owned a
host of other properties and businesses. It seems that the organised group of racketeers, who
was involved in the Kleindoornkop saga, was determined to financially wipe out Second
Applicant totally. A fraudulent application for the Sequestration of one DM Dhlamini (Note the different spelling
of the surname) was then brought, utilising a Mr. Itshak Knafo of Sakkie Die Israeliet (Pty)
Ltd, to, without his knowledge and authority, declare DM Dhlamini insolvent – See paragraphs 12
and 13 of the FOUNDING AFFIDAVIT of FIRST APPLICANT in that matter, in this
regard.
98.8 In an affidavit in Court Proceedings, Mr. Knafo
states clearly that he had never been the applicant to
this sequestration, that his signature on the applicant’s affidavit was forged,
and that these people tried to bribe him with a
farm, to keep quiet (Annexure ELBS 116) Mr. Knafo also registered criminal charges at the
Commercial Crimes Unit (CCU) of the South African Police Services (SAPS) as per the attached affidavit (Annexure
ELBS 117)...
98.9 FOURTH APPLICANT in this
matter, immediately joined the party again, with an even bigger claim. The
sale of the stolen farms seems to have made the fraudulently created debts to same grow, in
stead of shrink. The rest of the properties and businesses, each registered in the name of different Companies,
belonging to RESPONDENT, was then also stolen – Some sold on Sales in
Execution from the fraudulently obtained Insolvent Estate, and the rest merely stolen and sold of to family, friends
and whoever was interested. The report from Accountant Haroon Minty is a good summary of all the
properties which had been stolen during these fraudulent processes. (Hundreds of Millions of Rand) worth of properties
had been stolen in these processes.)
THE WRITS OF EXECUTION

99.
The WRIT OF EXECUTION re Case No.
18225/98 – Annexure H to the FOUNDING AFFIDAVIT by FIRST APPLICANT in that
matter, had been obtained based on a Court Order on a Case with the same number
– Part of the latter annexure – because FOURTH APPLICANT in this matter, failed
to adhere to their own Court Order which states that they were supposed to pay
part of the monies they received on First Applicant’s sucrose quotas, into its
account. This never happened. (See paragraph 5 of this Order)
100.
The other two WRITS OF EXECUTION had
been issued based on Case No. 18836/98 and another Court order obtained by
FOURTH APPLICANT in this matter, an Order they were also in contempt of, in the
same manner as described in the paragraph above – Annexure K to FIRST
APPLICANT’S, FOUNDING AFFIDAVIT in this
matter. (See paragraph 7.1 of the Settlement Agreement)
101.
The Minty Reports clearly show how
the fraudulent debts were created. These fraudulently created debts had been
the basis for both the above Court Orders, the Orders which the SECOND
RESPONDENT in this matter, was in contempt of. The latter obtained the above
Settlement Agreement, made Court Order, when RESPONDENT and his Kleindoornkop …
had been defending the matter in the High Court. Their legal team under


Advocate Arnoldi mysteriously disappeared from the Court, minutes before the
proceedings started, and Second RESPONDENT had been threatened by ABSA Bank’s
Attorney of Record, WA Du Randt, that he would liquidate RESPONDENT’S CC and
sequestrate him, if I he does not sign the Settlement Agreement. Being stranded
in Court without legal representation, RESPONDENT succumbed to his threats and
signed the agreement. According to Minty’s Reports, these fraudulently created
debts had been paid, and between the money stolen from the above agreements and
other fraudulent transactions by the FOURTH APPLICANT in this matter, they have
by January 2002, stolen more than R 163 Million from RESPONDENT and his CC –
Then still fraudulently stole all farms in the liquidation of a duplicate named
CC, only to come with an even bigger claim during the fraudulent sequestration.
102.
Due to the fact that all the debts
claimed against the Insolvent Estate had never been entered into by RESPONDENT
and his CC, they knew that no legal documentary proof for these debts could
exist. Investigations at the Offices of the Master of the High Court, proved that no such proof of debts had been filed.
The Master wrote several letters to the Trustees to produce same, but they also
had nothing on file. They then requested the Claimants against the Insolvent
estate to produce same, but to no avail. RESPONDENT then obtained a Rule 35(12)
Order (Annexure ELBS 119) from the High Court on 17 May 2006, compelling the Trustees to provide
same by 12h00 on Tuesday 23 May 2007. They failed to do so to this day.
In a letter to the Master, WA Du Randt, Attorney of Record of the FOURTH
APPLICANT, tried to bypass the Rule 35(12) Order by saying that his client has
proved their debts. He also states that the Settlement Agreement, he threatened
out of RESPONDENT, had been properly implemented – This despite the fact that
the Minty Reports show differently. His biggest problem is that the debts on
which the Settlement Agreement is based had been fraudulently created, and
FOURTH APPLICANT will never be able to provide legal documentary proof of these
debts.
103.
An Investigation in the Masters
offices found that RESPONDENT had been fraudulently sequestrated. The Master
then requested the Directorate of Special Operations (DSO) (Scorpions) to
investigate the fraud – But to no avail. The same fate befell every criminal
charge RESPONDENT, on behalf of himself and/or his Kleindoornkop, have ever registered
for the investigation of the fraud and theft which had been committed in the
creation of the fraudulent debts. This is confirmed in the report compiled by the Deputy Director
of Public Prosecutions, Advocate B.J. Bredenkamp SC, in which he states: “A
matter of concern to this office is the repeated indications/rumours that a
group of influential people and institutions in Nelspruit, for example ABSA
Bank, certain attorneys and the farming community appear to be to powerful to
be investigated.” The Master, in his letter to the Trustees, dd. 24
August 2006,
demanded answers on the following:
- That the Trustees have not complied with the Rule 35(12) Order
- That the signature of the applicant in the sequestration application was
forged and as such the
application was fraudulently brought.
- That there are no creditors in the Estate.
- That no resolutions have been passed authorising the Trustees to sell
estate assets.
- That the estate has no debts.
- That the Trustees are aware that the insolvent had been fraudulently
sequestrated and have
allowed themselves to become party to the same.
- That the Trustees failed to respond to the Masters letter.
(Needless to say, this letter has so far met with the same fate.)
104.
In paragraph 41 of his FOUNDING
AFFIDAVIT, FIRST APPLICANT, states that FOURTH APPLICANT, got one of the WRITS
OF EXECUTION set aside on 15 August 2002, pending reapplication within 14 days
– Which is true, The reason that a reapplication had been ordered was the fact
that this provisional order had been obtained –True to form – Without either
RESPONDENT, his CC, or their Attorneys of record being notified of the
Application to Set Aside.. The statement following in paragraph 43 of this


affidavit, which reads: “The writ of
execution was subsequently set aside in this Honourable Court”, is blatantly
false – Unless same had again been obtained without serving either RESPONDENT, his CC, or their Attorneys, with the
reapplication. This means that the provisional
Set Aside is nil and void. It is conspicuous that no annexure proving this FINAL SET ASIDE, had been attached.
105.
It has to be noted that the WRIT OF
EXECUTION on Case No. 18225/98, had also been issued as early as 2002, and that
the only reason why it had to be reissued on 19 March 2007, was that at the
time, the Sheriffs of the High Court had been bullied into not executing the
WRIT by the Attorneys of record of the FOURTH APPLICANT, and the original WRIT
had been lost in the process. The same happened to the two WRITS issued on Case
No. 18836/98. Except for the Writ mentioned in the above affidavit, none of the
other two had ever been challenged in Court. Now, five years later, FOURTH
APPLICANT, together with the other three APPLICANTS in this matter, sought to
bring an Urgent Application in this regard, never having thought that, despite
the fact that RESPONDENT, a Major Foreign Investor in this Country, had been
thrown out onto the street, robbed from everything he has possessed, would still
be fighting. It is clear that they still believe that the FOURTH APPLICANT in
this matter, a so-called UNTOUCHABLE
BANK, will continue to abuse the Courts, and keep Applicants at bay.
THE ACCUSATION OF VEXATIOUS CONDUCT
106.
If RESPONDENT is to be accused of
vexatious conduct because they insist that justice has to be upheld and that
all attempts by the UNTOUCHABLES to abuse same has to be fought hands and
teeth, and if they are accused of being a vexatious litigants because the
Attorney of Record of FOURTH APPLICANT has for around a decade, been successful
in scuttling Applicants’ over forty attempts to litigate with FOURTH APPLICANT,
to fight against the fraudulent debts it had been creating in the name of
RESPONDENT’S Kleindoornkop Boerdery CC, some of which he has complained about
in his attached letter – Then so be it.
LOCUS STANDI OF AN INSOLVENT TO LITIGATE
107.
FIRST APPLICANT in this matter
emphasised that RESPONDENT in this matter, has no locus standi as an Insolvent,
to have Power Of Attorney from Kleindoornkop Boerdery CC 1987/08027/23, to
litigate. Despite the fact that a different Person owning an unknown to
RESPONDENT, entity, had been fraudulently sequestrated, and that Second
Applicant had then been declared insolvent, a fact which had been confirmed by
the Master of the High Court, The State Attorney’s meeting, and the Deeds
Office Report. We have determined that, despite the fact that RESPONDENT is not
the person who had been sequestrated, an Insolvent may
litigate without the permission of the Trustees of his insolvent estate, under
certain circumstances. I quote from the authoritive publication on Insolvency
Law, “The Law of Insolvency” by Catherine Smith: “Since the insolvent has a
vital reversionary interest in his insolvent estate he has the right to
litigate in matters connected with the administration of the estate. Thus he
has the right to institute action to recover property which in his opinion
should belong to the estate where his trustee has refused to take the necessary
steps; he has the right of action against the trustee for maladministration of
the estate; he may object to the improper sale of assets by the trustee and for
the admission of any proof of debt not enforceable against him; the courts have
recognised the insolvent’s locus standi to attack the liquidation account or to
intervene as defendant in an action brought against the estate, He may bring an
application for an order removing his trustee from office. He also has the
right to bring review proceedings against any ruling by the master or any
presiding officer at a meeting of creditors.” (Annexure ELBS 111)
108.
The above means that RESPONDENT,
even if he was insolvent, is acting fully within his rights, and has locus
standi, to have had these WRITS OF EXECUTION reissued, to recover monetary
assets of the estate, assets which the trustees knows about, but have failed to
recover. In fact, if these trustees in the fraudulently obtained sequestration
and or FIRST, SECOND AND THIRD APPLICANTS in this matter, the liquidators who


stole the properties belonging to RESPONDENT, and his Companies, in the
liquidation of the numberless/non-existing Kleindoornkop Boerdery CC, have
recovered these monies, as well as the R 163 Million which FOURTH APPLICANT in
this matter, by January 2002, owed RESPONDENT – as proved in Proceedings of the
Set Aside of the latter’s liquidation – And even if all the debts claimed in
the liquidation and sequestration proceedings had not been fraudulently
created, both the liquidation and sequestration processes would have been
reversed.
MALA FIDES AND DIRTY HANDS OF APPLICANTS IN THAT MATTER, AND THE ABSENSE
OF LOCUS STANDI OF FIRST SECOND AND THIRD APPLICANTS IN THAT MATTER
109.
It is therefore clear that none of
the FIRST, SECOND and THIRD APPLICANTS in this matter had any locus standi in
that matter. The FIRST, SECOND and THIRD APPLICANTS in this matter, are the
liquidators of a non-existing and numberless Kleindoornkop Boerdery CC, a
non-entity, which has nothing to do with RESPONDENT, except that the properties
and other assets belonging to him and his Companies, had been stolen in these
processes.
110.
The mala fides of especially the FOURTH APPLICANT in this matter, and
its Attorneys of Record, had recently been demonstrated again in this
Honourable Court. In Court proceedings to set aside the fraudulent
sequestration, unopposed by the applicant thereof, who had been fraudulently
abused in the sequestration, Advocate Terblanche, Council for the FOURTH
APPLICANT, in this matter, in many other cases against RESPONDENT and his
Kleindoornkop, suddenly appeared to stop the proceedigs, because FOURTH
APPLICANT had already enrolled an Application re this matter – A matter in
which they are not a party, except for their fraudulently created, ever growing
Claim, against the fraudulently obtained Insolvent Estate of someone else.
111.
The APPLICANTS in this matter, brought the matter to Court, with DIRTY HANDS. The FIRST,
SECOND and THIRD APPLICANTS, well knowing that they are the liquidators
of a numberless and non-existing Kleindoornkop CC, (a non-entity) in the
wrapping up of which, they have fraudulently transferred the stolen properties
belonging to RESPONDENT and his Companies, to the fraudulently registered
Kleindoornkop Boerdery CC 1998/028045/23. FOURTH APPLICANT in this matter -
Brought that action knowing that they are at least in Contempt of Court Orders
in Cases 18225/98, 18836/98 and, with their Trustees, of the Rule 35(12) Order,
because they cannot prove the debts they claimed in the fraudulent liquidation
and sequestration processes, and the fraudulently created debts on which they
obtained the Court Orders in the first two cases, only to be in contempt of
those, themselves.
112.
It is therefore clear that the Court Order obtained by the APPLICANTS should
be declared nil and void.
THE POST “STAYING OF THE WRITS” ERA
113.
Because the Urgent Application and
obtaining a stay of the WRITS, had been mala fides (in bad faith), Mr. Dlamini
proceeded and filed three MOTIONS against ABSA Bank and others, for being in
CONTEMPT OF COURT on three High Court Orders, two of those from which the WRITS
emanated – Case No. 15751/07 (Annexure ELBS 115), Case No. 18225/98 (Annexure ELBS 116) and Case No.
18836/98 (Annexure ELBS 117).
114.
We have again wrote to the
Honourable President and the Honourable Ministers of Justice, Safety and
Security, Land Affairs & Agriculture, and Trade and Industry (
(Annexure ELBS 118), again asking for the absence of any real action/intervention to stop these
so-called UNTOUCHABLES to further abuse the High Court in stopping the proper
resolving of these criminal matters, which defrauded our Client, a Major
Foreign Investor, from his total investment, and the proceeds thereof. We also
notified the above, that should they continue to fail to do same, a Claim for
Damages for circa R 3,7 Billion, will be registered against them – As it had,
to a large extend, been the lack of action/intervention/ investigation, as well
as the active participation and or allowing itself to be abused, of several


Government Departments – The Deeds Office, CIPRO, Master of the High Court and
the High Court – Which facilitated an Organised Gang of Racketeers, to defraud
our Client and steal everything he had.
115.
With reference to Annexure ELBS 102 a to e above, the attached Court Order had been issued on 23
May 2007 (Annexure ELBS 119). This order i9ndicates that the Sequestration would be set
aside, when Mr. It6shak Knafo (see paragraphs 25 to 26 and 34 above) confirms
to the Court on a personal basis, that he had not been the Applicant for the
Sequestration.
116.
REPORTED CASE ON FRAUDULENTLY OBTAINED
BENEFITS.
The following Reported Case
“Schierhout vs. Minister of Justice 1926 AD 99 at page 109, Mr. Chief Justice
Innes stated”: “ It is a fundamental principle of our
law that a thing done contrary to the direct prohibition of the law is void and
of no effect”. He went on to say: “… what is done contrary to the prohibition
of the law is not only of no effect, but must be regarded as never having been
done.” This has direct bearing on, among others, the following Court Orders,
which played a role in the Financial destruction of Mr. Dlamini and his
Companies, and means that all these Orders should be regarded as not only of no
effect but must be regarded as never having been done:
- The
Order on the Debts in Case No. 18225/98
- The
Settlement Agreement, made Court Order in Case No.!8836/98
- The
fraudulent liquidation of the numberless Kleindoornkop Boerdery CC
- The
fraudulent sequestration of an unknown party, which had been utilised to steal
the rest of the movable and immovable assets
The following transactions also fall
in this category:
- The
transfer of all the properties, whether within the fraudulent Liquidation and
Sequestration
Processes, as well
as those properties and assets which had been stolen and/or sold outside these
processes.
117.
IT IS ABUNDANTLY CLEAR THAT ABSA BANK AND THE REST OF THE ACCOMPLICES
INVOLVED IN DEFRAUDING THIS MAJOR FOREIGN INVESTOR FROM EVERYTHING HE POSSESSED, ARE
JUST CONTINUING TO ABUSE THE HIGH COURT, IN
THEIR EFFORT TO AVOID LOSING THE CIVIL AND CRIMINAL LEGAL BATTLES.

CASE NO. 11320/200, THE FRAUDULENT COURT CASE, CASE NUMBER 11320/2003 AS FOUNDATION FOR THE
FINAL ONSLAUGHT
118.

We have now discovered the foundation on which the theft of Kleindoornkop Boerdery CC 1987/08027/23, of which Mr.
Dlamini had purchased 100% shares of against payment for it in cash, the fraudulent Voluntary Liquidation Process of
the CC, and the subsequent fraudulent sequestration of Mr. Dlamini, had been based. After the fraudulent process of
the creation of debts against Kleindoornkop Boerdery CC 1987/08027/23, Peter Joseph Hefferman’s theft of the
CC, by utilising a forged Court Order/Default Judgement, to place it under voluntary liquidation – A process in
cahoots with ABSA Bank who immediately became the major Claimant in the fraudulent liquidation – And the
subsequent sequestration process, based on the same forged Court Order, even though it had already been set aside,
by the High Court at the time – And guess what, ABSA Bank again being the major Claimant against this
fraudulently obtained Insolvent Estate. ABSA Bank registering an even bigger claim than in the fraudulent liquidation
process, and that after already having received millions of Rand from the latter process. What is described below,
backed by documentary evidence, will chill your blood!
119.



Attached hereto is a copy of a Summons, which had never been served on our Mr. Dumisa Mbusi Dlamini (Annexure
ELBS 122), and which he saw for the first time when it was handed to him in an envelope, at the Jeppe’s Reef
Boarder Post, when he entered South Africa from Swaziland, on a visit to his Investment Projects in this country. Note
that the Defendant on this Summons is described as one, Dumisa M Dhlamini t/a Dumisa Dhlamini Estate, a Dhlamini
with an h, while our Mr. Dlamini’s surname is spelt without the “h”, the Swazi spelling of the name,
against Dhlamini, with an “h”, the Zulu spelling of the name. Dumisa Dhlamini Estate is an entity, or non-
entity, of which Mr. Dlamini never before even heard about, and a name he definitely had never traded under. Also note
that Attorney Serfontein of law firm Bloch Gross issued the summons, without instruction and/or Power of Attorney from
Sakkie Die Israeliet (Pty) Ltd, and without Mr Itshak Knafo, the owner of this entity, having ever met Serfontein, to this
day.
120.

On 6 August 2001, Serfontein, again without the knowledge and authority of Mr. Knafo, obtained a default judgement
(Annexure ELBS 123) against Dumisa M Dhlamini t/a Dumisa Dhlamini Estate and got a forged Judgement in the name
of Dumisa Dlamini (without the “h”) of Dumisa Dhalmini Estate (a different spelling for the entity as well).
Serfontein even deposed of the Founding Affidavit in this application.
121.

On 08 August 2001, the Registrar of the High Court then issued another forged document, a Writ of
Execution applied for by Serfontein, on which the correct parties as per the summons, different from the Parties as per
the Default Judgement, are cited in the heading, but where Dumisa Dlamini (without the “h”) are sited in
the instructions to the Sheriff of Barberton (Annexure ELBS 124). Also note that the Sheriff had been instructed to
“attach and take into execution movable goods” belonging to the ever changing person and entity cited.
122.

On 20 March 2002, the Sheriff for Pretoria East, issued a Notice of Attachment in Execution (Annexure ELBS 125), in
the name of Dumisa M Dhlamini (with the “h”) t/a Dumisa Dlamini Estate (without the “h”),
and shows that our Mr. Dlamini’s right, title and interest (including farms) in Kleindoornkop Boerdery CC, had
been attached, on the above Writ of Execution against the movable goods, of a different entity.
123.

On 25 April 2002, the Sheriff of Barberton, also issues a return of service report (Annexure ELBS 126) on this Writ,
while he already had issued A Notice of Attachment – Writ of Execution – Movable Property on this Writ,
as early as 2 October 2001 (Annexure ELBS 127).
124.

On 21 May 2002, the Acting Sheriff Pretoria East, Mrs. CF Nel, confirms in writing (Annexure ELBS 128), that Peter
Joseph Hefferman, had purchased the rights, title and interest, including his membership interest in and to
Kleindoornkop Boerdery CC, on a sale in execution re judgement debtor Dumisa Dhlamini t/a Dumisa Dhlamini Estate,
on that day, and on a Writ of Execution for movable goods.
125.

What makes the above even more interesting, is the fact that our Mr. Dlamini (without the “h”) had by then,
still not been registered as member with rights title, interest and membership, in that particular Close Corporation, by
BDO Spencer Steward Accountants, another co-conspirator, party to the Organised Gang of Racketeers, who defrauded
Mr. Dlamini from his larger than R 600 Million investment into South Africa.
126.

Hefferman’s fraudulent purchase of the above CC – As Movable Goods – Put him into the position
to place the CC under voluntary liquidation. He had then been registered as sole member of the CC as per the attached
CIPRO Documents (Annexure ELBS 129), wherein the Sheriff for Pretoria East, illegally signed the section of the CK2
form resigning the previous member, Mr. Dlamini, who had at that stage, not even been registered, as member. ABSA
Bank Limited panting in the wings, ready to claim their fraudulently created debts, amounting to circa R 13 Million,
backed up by a coerced under false pretences, Settlement Agreement on behalf of Kleindoornkop Boerdery CC
1987/08027/23, was ready to pounce. Hefferman registered and deregistered Mr. Dlamini on the same day he was
registered, so as to give proceedings a hint of legality. Please note that, due to the fact that Mr. Dlamini had not been
registered as Member of Kleindoornkop Boerdery CC 1987/008027/23, and therefore had no locus standi to apply and
sign for any debts and/or bonds, on behalf of this CC, and therefore also not, to sign any Settlement Agreement on


behalf of the CC.
127.

Hefferman, before placing Kleindoornkop Boerdery CC 1987/08027/23 into voluntary liquidation, first transferred a farm
namely Mooiland Farm, from Kleindoornkop Boerdery CC, to Pixishelf One Hundred and Forty (Pty) Ltd, as per Deeds
Office Documents attached hereto (Annexure ELBS 130). Also attached hereto is the CIPRO Registration Certificate for
Pixishelf One Hundred and Forty, with history, as drawn on 18 May 2007 (Annexure ELBS 131). On this Certificate it is
shown that Elizabeth Anne Van Niekerk, the sister of bogus attorney Peter Joseph Hefferman, and thief of
Kleindoornkop Boerdery CC 1987/08027/23, as the sole Director as on 17 August 2001. The history shows that the
company had been registered by Gretta Armstrong Helberg, ex-wife of CIPRO Senior Legal Advisor, Johannes Friedrich
Helberg, who had been responsible for the illegal registration of the duplicate Kleindoornkop Boerdery CC
1998/028045/23, as per paragraph 4 above. The History shows that Ernst Willem Serfontein, the attorney from Bloch
Gross Attorneys, who was responsible for the fraudulently obtained default judgement, as set out above, had been
registered as a Director of Pixishelf, on 21 May 2002, and resigned on 12 July 2002.
128.

Also attached hereto is a copy of the CIPRO Registration Certificate (Annexure ELBS 132) as drawn on 21 August
2007. On this “issue” of the document, the appointment dates foe Helberg and Van Niekerk is confirmed,
but the Appointment and Resignation Date for Serfontein is altered/changed to both being the same day, 17 August
2001, as against the 21 May and 12 July 2002 above. The latter dates are confirmed in the attached History Report
(Annexure ELBS 133). Also attached is a Deeds Office Report on the transfers of this property, indicating how it had
been resold again and again, after it had been illegally transferred (Annexure ELBS 134).

129.

Another farm which Mr. Dlamini also purchased to be registered in the name of Kleindoornkop Boerdery CC
1987/08027/23, was the Farm Elandshoek, registered in the name of Elandshoek Administration CC. This farm was
also not transferred to Kleindoornkop, but stayed in this CC, which was taken over by Elizabeth Anne Van Niekerk, sister
of Peter Joseph Hefferman, the man who fraudulently obtained Kleindoornkop Boerdery CC 1987/08027/23. Attached
hereto is a copy of CIPRO Registration Certificate for Elandshoek Administration CC (Annexure ELBS 135), which
indicates that Elizabeth Anne Van Niekerk was registered as its Member on 9 December 2003, the day Mr. Dlamini
“resigned” without his knowledge, authorisation or signature.
130.

This was a forestry farm, and all trees were then immediately harvested and sold. Now, this farm actually belonged to
Mr. Dlamini’s Kleindoornkop Boerdery CC, but was not been fraudulently utilised with all the other farms
registered to Kleindoornkop Boerdery CC 1987/08027/23, those belonging to it, and those illegally registered into its
name, by the liquidators of a non-entity then transferred and sold from the other fraudulently registered Kleindoornkop
Boerdery CC 1998/028045. This is another farm the liquidators turned a blind eye to and allowed the Hefferman Family
to steal. It has to be emphasised that Mr. Dlamini is currently the registered Sole Member of Kleindoornkop Boerdery
CC, as well as the Director of all the Companies, as mentioned in the Minty Report, regarding all the Companies he had
purchased as from 1992. All the properties registered in the name of these Companies at the time, still belong to these
Companies, as none could ever have been transferred from these, without valid Powers of Attorney to Transfer. The
properties allegedly sold by the Organised Gang of Racketeers, including the Trustees and Liquidators during the
fraudulent sequestration and Liquidation Processes, had all been transactions in “Hot Air”, and every party
currently belief they own same and operate these, are trespassing, and owe Mr. Dlamini and his Companies all the
income they have obtained in operating these properties, farms and businesses for years.

131.

Even more interesting is the fact that the Trustees in the fraudulently obtained Insolvent Estate, took over the CC from
Van Niekerk, nee Hefferman, and registered themselves as Members of Elandshoek Administration CC on 27
September 2004, in their personal capacities. The farm was then sold off and no trace of the proceeds could be traced
in records in the Master’s Office. Again, Mr. Dlamini is currently the registered member of this CC, and therefore
still the legal owner on the Elandshoek Farm.
132.


With reference to paragraph 16 above, Mr. Dlamini got this fraudulent voluntary liquidation set aside (Annexure ELBS
19a). In this set aside, the Honourable Justice De Vos ordered that:

- The Voluntary liquidation is set aside

- That CIPRO restore the CC on its registers

- That the sale in execution of Mr. Dlamini’s rights title and interest in the CC is set aside – In other words
that the fraudulent default judgement in Case 11320/03 is set aside.

- That the membership of Hefferman is set aside and that CIPRO has to register Mr. Dlamini as sole member.

133.

ABSA Bank then applied for the liquidation of a numberless Kleindoornkop, and despite that the above Order for the set
aside, removed Hefferman as Member, ABSA Bank, Knowing that Mr. Dlamini proved in the above Case to Set Aside,
that ABSA Bank actually owes Kleindoornkop Boerdery in excess of R 163 Million, which even make their fraudulently
created claim of around R 13 Million, diminish into hot air, and served this Application on Peter Joseph
Hefferman’s address in Nelspruit (Annexure ELBS 136), who had not been removed as member, by CIPRO, as
per the Court Order.
134.

The attached Founding Affidavit (Annexure ELBS 137) in this liquidation Application, made by Ian Loubser of ABSA
Bank seems highly suspect – Especially due to the fact that the ABSA Team utilises this document, to prove that
they were dealing with the 1987 Kleindoornkop in the above application, in an otherwise numberless application. In the
first place there is no Case Number, on this document, and more important the type font on page totally differs from that
of the rest of this Affidavit, and was added on later. This is also the only page on which a date is indicated, which places
this document in the correct time frame for the Application.
135.

In the transcript of the Court Proceedings in this Application, the number of Kleindoornkop Boerdery CC, is never
mentioned. In the attached extract of the transcription of these proceedings (Annexure ELBS 138), it is clear that the
presiding Judge, the Honourable Justice De Vos, identical to the judge who ordered the set aside, is unclear on which
entity is involved in the matter. The following is significant:

“COURT: You have heard now what was said or whatever that may be worth, but as far as I recall having read
– not all of the papers but some of the papers, at least the founding affidavit – the entity here is
Kleindoornkop Boerdery CC?

MR. VAN LOGGERENBERG: That is correct M’Lord.

COURT: That is the close corporation we are dealing with.

MR. VAN LOGGERENBERG: That is the close corporation ... (intervenes)

COURT: We are not dealing with the Dlamini’s or with anyone else?

MR. VAN LOGGERENBERG: Not at all and the amended founding statement appears in Volume 1 on page 159
and it is clear from that that is the entity your Lordship is dealing with.” From this the reasonable person can only
deduct that the Honourable Judge was trying to make sure that she is not dealing with the Dlamini’s, and, again,
no number for Kleindoornkop Boerdery CC is mentioned, and ABSA Counsel Van Loggerenberg assures her that they
are not dealing with the Dlamini’s “at all”. It has to be taken into account that one cannot accept all
these instances of the omission of numbers, the use of different numbers for identically named CC’s and spelling
mistakes of names, like Dlamini (without the “h”) and Dhlamini (with the “h”) as simply typos.
How to you make a typing error in the number of a CC and then accidentally get this “faulty” number to
correspond with an exact duplicate, fraudulently registered CC? It also has to be remembered that Hefferman was still
the registered member for Kleindoornkop Boerdery CC 1987/008027/23, on record, and that the Court Documents had
been served on him – This despite of the fact that the Honourable Justice De Vos had ordered that he be

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