Fouries decline R1 Million offer for La Montanara
Bidders failed to satisfy the Fourie family and curators of the estate of the late Deon Fourie when La Montanara came under the hammer on June 25. The highest bid of R1 million was declined.
ALBERTON – In an auction that lasted only a couple of minutes, the auctioneer struggled to get a bid higher than R1 million. The opening bid for La Montanara started at R500 000 and then the bid for R1 million came in.
The auctioneer tried his best to drive up the bid to R1 250 000 and then back again to R1 100 000, but had to give it to the highest bidder for the day at R1 000 001.
Although Hennie Els (a Forensic Audit Private Investigator, handling all the related affairs on behalf of the Fouries), and Antionette Fourie told the RECORD on March 15 that they will no longer answer any questions from the newspaper, we again contacted Els and Fourie for comment on the auction.
Els replied: “Jy het mos die likwidateur se nommer, hoekom vind jy nie by haar uit nie, ek wil self nie graag enigiets met jou deel nie, ek het reeds my les geleer.”
Bid declined
A businessman (who wishes to remain anonymous) confirmed that he made a bid for R1 million on La Montanara, but that the curators and owners declined his offer. Rumours that Els approached the businessman and wanted to know if he is not prepared to offer more was also confirmed.
“I told him that I will offer R1.4 million but that offer was also declined. I then contacted Antoinette Fourie and asked her what the bottom line figure was. She merely told me to speak to Hennie Els because he handles everything.”
Another rumour that he was bidding on behalf of Neil Diamond, was denied. “I wanted to buy it to restore it to a wedding venue and maybe add something else to it. I am all for the upliftment of the community, and will definitely not buy a property on behalf of somebody else.
“I can’t see anyone spending much more on the place when buying it. You will have to spend a couple of hundreds of thousands to get the house in order, especially with the unapproved building and the existing building running over the building line onto metro property,” he said.
Video reveals more:
*This video was not made available for the RECORD to publish.
Further investigation after the auction lead the RECORD to a video taken on the day of the auction.
On the video the auctioneer makes mention of a letter received as well as pamphlets distributed to potential buyers indicating several defects on the property.
These include the fact that the building exceeds the building line and takes up about 4m of land belonging to Ekurhuleni Metro, and that an extension to the building was done without any building plans.
The property will also have to be rezoned to obtain business rights as there is only a special consent certificate, allowing it to operate as a venue, in place.
It was captured on video taken during the auction that the auctioneer referred to Hennis Els as a specialist, who will assist any buyer with the rezoning of the property and to solve other problems with the Ekurhuleni Metro.
He also mentioned that potential buyers should not worry about land belonging to EMM and that a 99 year lease on the ground can be discussed with the metro.
Insolvent estate in dire need
La Montanara made headlines earlier this year when the Fouries and Els granted Carte Blanche an interview about the alleged fraudulent purchase of the property by Diamond through the company Casino Retail.
After Dominique, the daughter of the late Deon Fourie, accepted Diamond’s initial offer of R2.6 million, they appointed Hennie Else to investigate the sale. Shortly after this, the Fouries, with Hennie Else being the main applicant on behalf of Domique Fourie, had the estate declared insolvent.
Since then many questions have been sent back and forth between the parties.
The newspaper interviewed former employees of both the Fouries and Diamond. Drafted questions were also forwarded to Mr Tintinger (advising attorney to Hennie Els) and Me Haywood (the curator).
At that stage it was a matter of parties pushing allegations back and forth and on March 15 both Fourie and Els notified the RECORD in writing that they will no longer answer any questions.
Fourie’s statement read: “This is also the last answers I am prepared to give as it is clear from the questions below that the insolvent estate, and we the people that are the victims from the onset is (sic) now under scrutiny…”
Els replied that: “… in any case the matter and various other matters are sub judice or still under investigation, and by responding to that now would be premature and could prejudice the matters, but I reserve my right fully to respond at a appropriate time.”
Diamond committed to respond to any further questions the RECORD forward during the investigation.
Earlier events:
* Dominique Fourie accepted an offer of R2.6 million for Casion Retail.
* The sale is considered a done deal and the buyers moved in.
* Buyers start with renovations totalling R600 000.
* Somewhere in these events fraud is suspected and Private Forensic Audit Investigator Hennie Els is appointed.
* The late Deon Fourie’s (owner of La Montanara) estate is declared insolvent.
* Els (on behalf of Dominique Fourie), the then executrix of the estate, applies for insolvency.
* Els lodged a claim of R82 627.20 for his services.
* Equally Diamond/Casino Retail claimed repairs and improvements done because the sale never went through, totalling R600 000.
* Other fees listed in the application to declare the estate insolvent are for a handwriting specialist, employed by Els, listed twice at R3 990.00;
– executor’s fee of R105 108.00;
– 3.5 per cent commission at R109 807.00;
– claims by Diamond of R1 300 000.00 as well as deposit claim of R120 000.00;
– legal fees of R50 000.00 as well as R65 000.00;
– unforseen legal costs of R50 000.00, and
– a claim of R1 200 000.00 from a family member of the Fouries.
* After insolvency, Casino Retail makes a second offer in writing to the curators for R3.1 million less the R600 000, which they have already spent on improvements and repairs.
* The nett purchase price offered was R2.5 million as well as occupational rent of R13 000 per month as from June 2013.
* The curators, Marie Haywood declined the offer.
* Diamond offered Fourie and her children help to turn the situation around and try and rehabilitate the estate, stating in doing that the Fourie’s would at least be able to sell the property and get something out of the deal.
* Fourie said they can’t make any deals with her since she is not the executrix.
* Els reserved his right to reply at an appropriate time as he deems the matter to be sub judice.
* Mr Sybrand Tintinger, the attorney representing Els, said: “Rehabilitation can only be considered once all assets have been sold. A deceased estate can not be rehabilitated.”
* The RECORD requested a list of cases regarding this saga which are sub judice, trying to find out why people now reserve their right to reply, but with the Carte Blanche broadcast, nothing was considered to be sub judice.
“Mr Els was not prepared to jeopardise any court rulings. Information in court documents however, are for public knowledge and in public interest. Everything used and stated on Carte Blanche have already been dealt with in court and are therefore information in court documents. Witnesses in these documents are not sub judice,” Tintinger said.
* A number of cases related to La Montanara are still pending.
The Alberton Record wonders why the people involved in La Montanara do not want to talk to them, but this is because the Record is not playing open cards with the Alberton Community. Only selective information is ever given. Why does the Alberton Record not reveal the name of the person who was responsible for writing the controversial letter that was handed to each and every person entering the gates at La Montanara for this auction trying to convince prospective buyers not to buy the place. Justin Diamond was responsible for writing this letter and the businessman who does not want to reveal his name, and whose bid for R1 million was rejected for the place, was none other that a good friend of Mr Neil Diamond, Mr Justin Lowe. Please tell us the full story and not half a story next time.
Dear Mrs. Farrar,
Clearly you are not aware of the well-established principle regarding confidential sources.
In order to enlighten you, I refer you to two well-known cases.
Bosasa Operation (Pty) Ltd v Basson and Another case wherein the Honourable Judge Tsoka held as follows:
“Having regard to the authorities cited above, it is apparent that journalists, subject to certain limitations, are not expected to reveal the identity of their sources. If indeed freedom of the press is fundamental and sine qua non for democracy, it is essential that in carrying out this public duty for the public good, the identity of their sources should not be revealed…”
In the South African Broadcasting Corporation v Avusa Ltd and Another case, the court stated that –
“The court accepts that one of the most valuable assets of a journalist is his or her source. Sources enable journalists to provide accurate and reliable information. Sources are often in possession of sensitive facts which they would be unwilling to disclose without a guarantee that their identities will not be revealed. The protection of journalists’ sources is therefore fundamental to the protection of press freedom. As Lord Denning has observed:
‘(I)f [newspapers] were compelled to disclose their sources, they would soon be bereft of information which they ought to have. Their sources would dry up. Wrongdoing would not be disclosed. Charlatans could not be exposed. Unfairness would go unremedied. Misdeeds in the corridors of power, in companies or in government departments would never be known.’
I trust that this deals with your uninformed accusations.