Johannesburg – Bosasa liquidators are demanding back over R4-million allegedly paid through “collusive dealings” to a company owned by a lawyer implicated by Angello Agrizzi at the Zondo Commission in corrupt payments to government officials.
Ralph Farrel Lutchman, Cloete Murray, Tania Oosthuizen and Milani Becker, who have been appointed to wind up Bosasa, currently known as African Global Operations, have filed papers in the Joburg High Court against Biebs Consulting (Pty) Ltd, owned by Brian Stuart Biebuyck, in which they are seeking an order that will force the company to pay back the loot.
The liquidators said Global African Operations in the aggregate made total payments of R4 214 000 to Biebs Consulting between 2018 and January last year.
The liquidators argued that each of the payments, which were made shortly before the liquidation, constituted a disposition without value as contemplated by section 26 of the Insolvency Act, as African Global Operations preferred the Biebs Consulting above its other creditors.
They also said immediately after making such disposition, the liabilities of the operations exceeded the value of its assets.
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“Each of the subject payments constitutes a voidable disposition emanating from collusive dealing before the liquidations of operations as contemplated by section 31 of the Insolvency Act,” read the papers.
They said these transactions rendered Biebs Consulting liable to make good any loss caused to the insolvent estate of African Global Operations.
“In the circumstances, the first to the fourth plaintiffs content to be entitled to and pray for an order that each subject payment be set aside and that the defendant be ordered to make payment to the plaintiffs in the amount of R4 214 000 together with interest thereon,” read the papers.
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Biebuyck, a former lawyer at Hogan Lovells, was implicated by Agrizzi when a video showing the late Bosasa CEO Gavin Watson, former Bosasa chief financial officer Andries van Tonder, Bosasa head of security, director and chairperson Joe Gumede discussing payments to him was shown at the Zondo Commission.
In the video, Van Tonder appears to be counting stack of cash with Watson saying: “Okay, what’s going to happen here, Brian Biebuyck will handle Patrick independently, okay?”
Biebuyck said he will defend the matter.
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