The ANC has remained mum about its future after the sheriff of the court, acting on behalf of KZN printing and marketing company Ezulweni Investments, attached its bank accounts and immovable assets to recover more than R100 million owed to the company for the party’s 2019 election campaign.
The news of the ANC’s assets being attached by the sheriff was communicated by Ezulweni Investments and its legal representative, Sharfique Sarlie, through a writ of execution served to the party’s headquarters on Monday this week.
On Friday last week, the SCA dismissed, with costs, the ANC's appeal against a high court judgment that the party was responsible for the outstanding amount of R102m for election materials in 2019.
The SCA also rejected the party’s recent application to lead new evidence during its appeal in the form of a forensic report, ostensibly done by EMS Forensics into the procurement of the highly contentious contract.
This was after the ANC had gone to the SCA to appeal the judgment of the High Court in Johannesburg that ordered the party to reimburse Ezulwini Investments for money used to supply posters and banners for the party.
On Monday, Ezulweni Investments obtained a writ from the Gauteng High Court in Johannesburg, giving the sheriff the go-ahead to attach the ANC's assets.
The order to the sheriff reads: “You are hereby directed to attach and take … the movable goods of the execution debtor African National Congress at Chief Albert Luthuli House and of the same cause to be realised by public auction R102 465 000, 10% interest per annum from 1 September 2019 to 29 February 2020, 9.75% from 1 March 2020 to 30 April 2020 and 8.75% per annum from 1 May 2020 until the date of payment in full.”
However, this week, the ruling party which might soon be liquidated to recover monies owed, said it would take the matter up with the highest court in the land in its last ditch effort to avoid the attachment of the party’s assets.
In a statement, ANC spokesperson Mahlengi Bhengu-Motsiri said the Supreme Court of Appeal did not consider new evidence contained in a forensic report.
The return of services document indicates that among the inventory of items, which the Saturday Star has seen, are chairs, computers, tables, microwaves, mirrors, plasma TVs, fridges and other auctionable items.
Advocate Sharfique Sarlie indicated last week the company would not waste time in its efforts to recover over R150m owed to his client, founder of Ezulweni Investments, Renash Ramdas.
Sarlie added that it would hold an auction to recover the funds and should the assets not cover the balance, the party would find itself liquidated.
Bhengu-Motsiri said: “The ANC will appeal against the decision of the SCA in the Ezulweni Investment matter in the Constitutional Court of South Africa.
“Having studied the judgment, the ANC is of the view that the SCA did not consider the new evidence that makes it plain that there was no authorisation for the transactions in question, and certain implicated individuals misrepresented their positions and authority.”
Sarlie indicated that an auction would take place after the assessment - and, if the funds did not meet the entire amount, about R150m, the ANC could be liquidated.
Attempts to get comment from the ANC through its spokesperson, Mahlengi Bhengu-Motsiri, and secretary general, Fikile Mbalula, and the party’s legal representatives in the matter were unsuccessful at the time of going to print.