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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy

 

IN THE HIGH COURT OF SOUTH AFRICA

NORTH WEST DIVISION, MAHIKENG

 

CASE NO: UM29/2023

Reportable: NO

Circulate to Judges: NO

Circulate to Magistrates: NO

Circulate to Regional Magistrates: NO

In the matter between:

 

RUAN BOTES                                                                            1^st Applicant

(Identity number: 9[...]) 

 

JEANDRE VILJOEN                                                                  2^nd Applicant  

 

AND

 

TARIOMIX (PTY) LTD t/a FOREVER

DIAMOND AND GOLD                                                              1^ST Respondent

 

FINANCIAL SECTOR CONDUCT

AUTHORITY                                                                               2^ND Respondent

 

THE COMMISSIONER FOR THE SOUTH

AFRICAN REVENUE SERVICES                                              Intervening Party

 

Heard: 12 APRIL 2023

Delivered:      This judgment is handed down electronically by circulation to the parties through their legal representatives’ email addresses. The date for the hand-down is deemed to be on 17 APRIL 2023

 

ORDER

I make the following order:

 

1.         The application to anticipate the order of 23 February 2023 by the first respondent is dismissed;

 

2.         The application for rescission of the order of 23 February 2023 by the intervening party is dismisses;

 

3.         It is ordered that Mr Zaheer Cassim, who was appointed as curator bonis from Cassim Trust (Pty) Ltd in the matter of The Commissioner for the South African Revenue Services vs Louis Petrus Liebenberg & Others Case no. 32092/2021 from High Court of South Africa, Gauteng Division, file an affidavit on the status of the first respondent within 30 days of service of this order on him;

 

4.         The rule nisi is extended;

 

5.         Costs reserved;

 

6.         This order should be served on Mr Zaheer Cassim at his address of 4[...] F[...] St, Brooklyn, Pretoria by the attorney of the applicants.

JUDGMENT 

DJAJE DJP

 

[1]        This is an application for the liquidation of the first respondent that came before the urgent court on 23 February 2023. The order granted was as follows:

 

“1. THAT:       The First Respondent be placed under provisional liquidation returnable on the 14^th day of SEPTEMBER 2023;

 

2. THAT:        This First Respondent, and all other interested parties, are called upon to show cause on or before the return date hereof, why this order should not be made final;

 

3. THAT:        This interim order be served upon the First Respondent at its registered address by way of Sheriff;

 

4. THAT:        This order be served upon the Master of the high Court and the South African Revenue Service by way of filing notice, by hand;

 

5. THAT:        This order be served upon the Second Respondent by way of filing notice, by hand;

 

6. THAT:        This provisional order be served upon the employees of the First Respondent, if any, by affixing a copy of this order against the principal door or gate of the premises of the First Respondent, at the First Respondent’s registered address, by way of the sheriff;

 

7. THAT:        This order be published once in the Beeld Newspaper and once in the Government Gazette, before the return date;

 

8. THAT:        The costs of this application be costs in the liquidation.”

 

[2]        The first respondent anticipated the order of 23 February 2023 and in addition to that there was an application filed by the Commissioner of the South African Revenue Service to intervene in these proceedings. On 24 March 2023 an order by agreement was made to allow the Commissioner to intervene. The matter was then postponed to be heard on 12 April 2023.

 

[3]        On the date of hearing the Commissioner brought an application to rescind the provisional liquidation order which was postponed. In addition to that the anticipation application by the first respondent was argued. There was no merit in the rescission application by the intervening party and that application should be dismissed. The first respondent has also failed to make out a case for the anticipation of the order of 23 February 2023 and should be dismissed as well. However, I do find that the matter should not be finalised at this stage with the view of affording Mr Zaheer Cassim, the curator bonis from Cassim Trust (Pty) Ltd in the matter of The Commissioner for the South African Revenue Services vs Louis Petrus Liebenberg & Others Case no. 32092/2021 from High Court of South Africa, Gauteng Division to file an affidavit on the status of the first respondent. 

 

Order

 

[4]        Consequently, the following order is made:

 

1.         The application to anticipate the order of 23 February 2023 by the first respondent is dismissed;

 

2.         The application for rescission of the order of 23 February 2023 by the intervening party is dismisses;

 

3.         It is ordered that Mr Zaheer Cassim, who was appointed as curator bonis from Cassim Trust (Pty) Ltd in the matter of The Commissioner for the South African Revenue Services vs Louis Petrus Liebenberg & Others Case no. 32092/2021 from High Court of South Africa, Gauteng Division, file an affidavit on the status of the first respondent within 30 days of service of this order on him;

 

4.         The rule nisi is extended;

 

5.         Costs reserved;

 

6.         This order should be served on Mr Zaheer Cassim at his address of 4[...] F[...] St, Brooklyn, Pretoria by the attorney of the applicants.

 

 

J T DJAJE

DEPUTY JUDGE PRESIDENT

NORTH WEST HIGH COURT

 

APPEARANCES

DATE OF HEARING:	12 APRIL 2023
JUDGMENT RESERVED:	12 APRIL 2023
DATE OF JUDGMENT:	17 APRIL 2023
COUNSEL FOR THE APPLICANT:	ADV M VAN ZYL SC with
	ADV M MAY
COUNSEL FOR 1ST & 2ND RESPONDENT:	ADV BOTES SC
FOR THE PROVISIONAL LIQUIDATORS:	ADV HERSHENSOHN
FOR THE INTERVENING PARTY:	ADV MEYER with ADV MULIYA

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