African Bank defendants are anxious to get certainty

The attorney for 10 former African Bank directors has written to the Pretoria High Court Deputy Judge President Aubrey Ledwaba and Judge Letty Molopa, pressing for judgment on the matter brought by African Bank’s former empowerment partners.

“We refer to the first to 10th and 11th defendants’ exceptions, which were argued before your ladyship [Judge Molopa] on November 7 and 8. I wonder if I might respectfully ask when your ladyship would be in a position to hand down your ladyship’s judgment? I am of mindful of your ladyship’s workload, but I am at the same time anxious to get certainty on the future of this action,” Daniel le Roux, a Clyde & Co attorney representing the former directors, wrote to Ledwaba and Molopa in a letter, of which City Press has a copy.

The shareholders of African Bank’s former empowerment partners, Hlumisa and Eyomhlaba, are seeking to claim nearly R2.1 billion from Deloitte, the former auditor of African Bank and African Bank Investments Limited (Abil), and the former directors of African Bank, which failed in August 2014.

The former directors filed three exceptions against the case brought by the plaintiffs, and in its response Deloitte filed two exceptions against the plaintiffs’ case.

The exceptions are aimed at trying to block the summons served on them by the plaintiffs from getting a full court hearing.

The former directors of Abil and African Bank who are being sued are former CEO Leon Kirkinis, along with Nithiananthan Nalliah, Mojankunyane Gumbi, Mutle Mogase, Nomalizo Langa-Royds, Nicholas Adams, Samuel Sithole, Antonio Fourie, Robert Symmonds and Morris Mthombeni.

City Press sent Ledwaba and Molopa an e-mail seeking their comment regarding Le Roux’s letter.

Ledwaba’s secretary, Precious Mathunywa, said Molopa needed to respond to the letter. However, neither Molopa nor her secretary, Opulent Molopa, responded and weren’t available when City Press phoned the Pretoria High Court.