Sheriff to attach R102million worth of ANC’s assets
ANC believes procedure to conclude the contract with Ezulwini Investments were flouted and does not have a binding agreement with them
The African National Congress may lose a large number of its assets after the Gauteng High Court has issued a writ of execution, giving the sheriff the right to attach assets worth over R102million and pay Ezulwini Investments.
The case dates back to 2020 after the company approached the court to seek recourse as the governing party failed to pay Ezulwini Investments after they supplied the campaign material for the 2019 general elections.
The marketing company says that they had an oral agreement to produced and installed 30 000 PVC banners as part of the ANC’s last push strategy before the 2019 general elections.
A week before the elections, the party installed banners on street poles across the country. The marketing company charged R2 900 per banner for installation and R70 for removal of each banner after the elections.
The ANC tried to raise an argument that it had no duty to pay the company as the contract was no concluded by the then treasure general Paul Mashatile.
“There is no evidence that the T-G approved the agreement. Nor is there evidence of a purchase order,” said the ANC heads of arguments in 2020.
“Ramdas knew or must have known he was the only representative authorised to conclude the agreement.”
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JUDGEMENT AGAINST ANC
On the 28 March 2023, the ANC failed to deliver their heads of argument before the Supreme Court of Appeal in Bloemfontein, and therefore had their case dismissed.
In the writ of execution the states, “In the abovementioned matter, and following the Judgment Debtor’s special leave to appeal to the Supreme Court of Appeal having automatically lapsed on account of its failure to file its Heads of Argument and Practice Note within 6 weeks of the filing of the record, as prescribed by Rule 10(2A) (a) of the Rules of the Supreme Court of Appeal.
“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.”