High Court gives sheriff go ahead to seize R102m worth of ANC assets

The Gauteng High Court in Johannesburg has issued a writ of execution allowing the sheriff to attach goods belonging to the African National Congress (ANC) and sell them to pay R102 million which it owes to Ezulweni Investments.

The high court ruling comes four years after the KwaZulu-Natal based marketing company scored a R102 million contract to supply election posters and banners for the ANC.

ANC loses

The ANC first lost the matter in September 2020, in the same court when acting Judge Urmila Bhoola ruled that the ANC must pay its debt.

At the time, Bhoola ordered the ANC to pay over R100m, including interest at a rate of 15% per annum from 9 May 2019, or alternatively 31 May 2019 or 30 June 2019, at the rate of 10.25% per annum to the date of payment.

The ruling party lodged appeal after appeal in its bid to overturn the court rulings that it must pay Ezulweni Investments.

According to court documents, the ANC’s latest appeal bid to the Supreme Court of Appeal (SCA) “lapsed” because it did not file documents on time.

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Leave to appeal

“The [ANC’s] special leave to appeal to the Supreme Court of Appeal [had] automatically lapsed on account of its failure to file its heads of argument and practice note within six weeks of the filing of the record,” reads the writ of execution that the high court in Johannesburg issued on 26 May.

Seize assets

In the writ of execution, the sheriff is now authorised to seize assets of the ANC.

“You are hereby directed to attach and take into execution the movable goods of the Execution Debtor African National Congress at Chief Albert Luthuli House, 54 Sauer Street, Johannesburg and of the same to cause to be realised by public auction R102 465 000-00 together with interest at the following rates:

“10.25% per annum from 9 May 2019 to 31st August 2020, 10% per annum from 1 September 2019 to 29 February 2020, 9.75% per annum from 1 March 2020 to 30 April 2020 and 8.75% per annum from 1 May 2020 until date of payment in full, both days inclusive, and costs to be taxed, which the Judgment Creditor recovered by judgments of this Court on the 17th of September 2020 and 29th June 2022.

“Further, pay to the said attorneys the sum or sums due to the Judgment Creditor with costs as abovementioned, including the costs of this writ of execution and Sheriff’s costs for executing same and for your so doing, this shall be your Writ,” read the writ.

The ANC is yet to comment regarding the matter.

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