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EXPOSE BY JUROL INVESTIGATIVE JOURNALISM, OF HOW A GURU, MR. VAN DEN HEEVER, IN THE INSOLVENCY TRADE WITH THE COMPLICITY OF THE IDC, DISGRACEFULLY AND DISHONESTLY UNDERMINED THE RULE OF LAW.

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EXPOSE BY JUROL INVESTIGATIVE JOURNALISM, OF HOW A GURU, MR. VAN DEN HEEVER, IN THE INSOLVENCY TRADE WITH THE COMPLICITY OF THE IDC, DISGRACEFULLY AND DISHONESTLY UNDERMINED THE RULE OF LAW.

The Insolvency Act of South Africa as read with the Companies Act provides for a mechanism for companies that fail to be wound up and for the control and management of such companies to be divested from the shareholders and directors.

However, investigations conducted by JUROL INVESTIGATIVE REPORTERS working in collaboration with the IniAfrica.com online news platform have revealed that a conspiracy involving the following institutions and characters was hatched and orchestrated in South Africa resulting in the criminalization of targeted individuals:

  1. The government of Zimbabwe (GOZ) uses the SA justice system, especially the judiciary and the Insolvency Act to crystallize the expropriation of private companies.
  2. The complicity of the Master of the High together with corrupt liquidators in asserting, recognizing, and enforcing a right, capacity power, and relationship between an extra-judicially appointed Administrative in Zimbabwe and a hijacked company in Zimbabwe using the force of law.
  3. The application of a Zimbabwean draconian law in South Africa with the SA judiciary complicit in the recognition and enforcement of this law and thus offending the limitations imposed by the Cross Border Insolvency Act of 2000, the Companies Act of SA, the Insolvency Act of SA, the Constitution of South Africa, SADC Treaty and Protocol, and finally international law.
  4. The use of public funds by the IDC to prosecute fraudulent claims based on self-created facts and circumstances.
  5. The use of court processes to seek and obtain judgments that are tainted by fraud.

These matters involve the conduct of the following principal actors:

                ZIMBABWE

  1. President Mnangagwa;
  2. Patrick Chinamasa;
  3. Edwin Manikai;
  4. Peter Moyo;
  5. Obert Dube;
  6. Masimba Chandavengerwa; and
  7. Afaras Gwaradzimba.

SOUTH AFRICA

  • Advocate Christo Bothma;
  • Kirsty Simpson formerly with BCLR and ENSAfrica;
  • Norman Klein, Liquidator;
  • Judges – Willis, Makume, Epstein, etc
  • Theo Van Den Heever;
  • Clifford Maredi;
  • Monyela, Liquidator
  • Pule, Master – Johannesburg Office
  • Maphaha, Master – Johannesburg Office
  • Thabile Fuhrmann Attorneys,
  • IDC officials

The facts are as follows:

In the exclusive report completed by JUROL reporters, facts are provided which confirm the following:

A:           The GOZ created a special law pursuant to an alleged political fallout between President Mnangagwa and Mawere that permitted the control and management of all companies deemed to be under the control of Mawere on the false basis that SMM Holdings Private Limited (SMM), a company limited by shares whose entire issued share capital was owned by the UK registered company, SMM Holdings Limited (SMM) was owed the following amounts per Goldstein’s judgment:

JUROL investigators have established that the relationship between SMM and SAS before the extrajudicial divestment of the control and management of SMM from its shareholders and directors was that of a principal and agent with SMM.

SAS was a commission agent but Epstein AJ (as he was known then) changed the basis of the relationship to that of a buyer and seller when no facts were placed before the court to support this.

JUROL investigative reporters (IR) have exposed the fact that a South African registered cannot conduct business in SA in foreign currency.

It has also been conclusively established that SMM never sold and delivered goods from Zimbabwe to SAS to permit this bizarre court order that is denominated in foreign currency.

As a consequence of this fraud on the SA Court perpetrated by ENSAfrica and its predecessor BCLR Attorneys, with Ms. Kirsty Simpson as the driving force, judgments were sought and obtained in SA whose effect was to enforce the stolen property rights using SMM (under the control of a GOZ nominee) as a vehicle.

The victimized juristic entities were liquidated at the institution of this new creature of statute. The question that arose among the JUROL IR is what becomes of a company whose control and management have been vested in a creature of statute appointed not by the Courts but by the Minister of Justice?

The answer to this question can be found in the doctrine of conflict of law and international law which provides that any law that offends public policy cannot be given recognition and enforcement in a foreign host country where the right, capacity, power, and relationship derived from the exercise of administrative fiat cannot be asserted because doing so would make the host country a jurisdiction to enforce rights that flow from theft of the rights created by the force of law in the originating country like Zimbabwe.

This precedent of a foreign rogue state that enjoys an excellent diplomatic relationship with SA has yet to be understood in the public domain suffice to say that agents of the GOZ using legal representatives like Advocate Bothma and ENSAfrica were able to ensure that the SA judicial system played a supportive role to the GOZ’s scheme.

JUROL Investigative reporters have established that the firm BCLR was involved in a kangaroo-like Commission of Inquiry held in Zimbabwe in relation to the affairs of SA companies when it is trite that Zimbabwean law has no extra-territorial application.

The Master of the High Court was captured by GOZ agents including Mr. Van Den Heever who used his power as a liquidator of 3 of the affected SA companies to kill claims that were due and payable by the companies that were captured by the GOZ as a direct consequence of the expropriation of all assets deemed to be under the control of Mawere.

The JUROL report confirms how the SA Insolvency Act was used by the GOZ to obtain judgments that on the face of it suggest judicial complicity in this saga.

The IR also established that IDC working in cahoots used the insolvency powers vested in liquidators to hijack a going concern’s control using the same tactics as the GOZ, albeit in SA, of using methods not permissible in terms of law to use an insolvent estate for ulterior motives resulting in the loss of jobs and closure of the business.

The chilling JUROL report reveals how a liquidator like Van Den Heever, a darling of banks and development finance institutions, prosecuted injustice with the Master of the High Court blessing the unlawful and disgraceful conduct.

Read the https://online.flippingbook.com/view/421680219/

For Zimbabweans who are daily reminded that they are not welcome in SA, this compelling story will change your minds about how institutions that are supposed to protect, promote and uphold the rule of law are the very institutions that enabled a vicious attack on the rule of law in SA by a foreign state and by IDC.

JUROL IR was created to expose the shocking scale of corruption and ethical decline in SA and the questionable conduct of the judiciary in enabling this disgraceful conduct.

Mr. Van Den Heever using unorthodox methods, coupled with his behavior, having no regard for the truth, has caused more harm to the public trust and integrity of the insolvency industry with impunity, has benefited his chosen black fronts who he uses as fronts only to abuse the BEE policies by excluding them completely from administering the process only to reward them handsomely, he boasts of controlling the Hawks and law enforcement agencies to allow him to get away with abuses of the law and constitutional rights of debtors, this conduct has allowed millions of being lost in the details.

The trail of facts in the JURO IR report confirms sanctioned dishonest conduct by not only Van Den Heever but a string of many actors involved in this shocking expose.

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