Pick n Pay must pay back more than R21 million it received from a liquidated franchise, after the Supreme Court of Appeal dismissed its case this week.
The money came from the 2017 sale of a Pick n Pay Family Supermarket in San Ridge Square, Midrand, that was owned by Lashka 167. Lashka was placed into final liquidation in February 2018 after struggling financially and falling behind on payments, including a R13.5 million debt to Pick n Pay, the ruling indicated.
Before it shut down, Lashka had agreed to sell the store to Enthrall Trading for R25m. That amount was paid into the trust account of White & Case Attorneys. According to the agreement, Lashka had to give payment instructions to White & Case to settle debt – including money owed to Pick n Pay. If it failed to do so, Pick n Pay could step in and issue those instructions itself, it argued.
Lashka gave payment instructions for its loans with FNB but failed to do so for Pick n Pay. In 2019, a year after Lashka was liquidated, Pick n Pay issued its own instruction to be paid and received the amount it said it was due, which had now grown to R21.6m, from the trust account
Lashka’s liquidators took the matter to court in 2022, arguing that once Lashka was liquidated, Pick n Pay had no right to access those funds directly. The High Court agreed, ruling that Pick n Pay should not have been paid outside of the formal liquidation process, which protects the rights of all creditors equally.
Pick n Pay appealed, saying the contract was still in effect and that it had been granted the right to collect the money. But the appeal court rejected this view, saying the sale of the business was already completed before liquidation and that any mandate to pay Pick n Pay ended when Lashka was wound up.
The judges found that Pick n Pay was not allowed to take money that belonged to the insolvent estate without going through the proper legal channels. The payment was found to be unlawful, and the court ordered that the R21.6m must be returned to the liquidators.
The appeal was dismissed with costs.
* This article was firstly published by IOL*
Sibusiso Ncengwa, the man found guilty of murdering ANCYL secretary-general Sindiso Magaqa has been sentenced to 25 years behind bars.
“The court's considered view is that you are not fit to be in our society and by removing you from our society, the interest of society would be served,” said judge Nontuthuzelo Mlaba.
“Your conduct in agreeing to take a life of a person demonstrates a clear disregard for human life. The right to life is one that you currently enjoy but one that you took away from the deceased and for selfish reasons.”
Magaqa was shot in July 2017 and succumbed to his injuries after spending time in hospital.
In his 13-page plea, Ncengwa implicated former city manager of the Umzimkhulu municipality Zweliphansi Skhosana, ex-mayor Mluleki Ndobe, who is now late and former journalist and eThekwini municipality communications manager Mdu Ncalane.
He said they were initially paid R120,000 for the hit and promised a R1m tender.
However, while in prison, he found out that Skhosana and Ndobe had paid R600,000 for the hit. He said Ndobe and Skosana requested them [accused] not to fight in prison and that they would pay them R500,000.
Ncengwa said the R500,000 was collected by Ncalane.
*The article was firstly published by Sowetan Live*
Forensic investigator Paul O’Sullivan has denounced KwaZulu-Natal provincial police commissioner, Lieutenant General Nhlanhla Mkhwanazi, after the provincial police boss made damning allegations against Police Minister Senzo Mchunu and deputy national police commissioner, Lieutenant General Shadrack Sibiya on Sunday.
IOL reported that Mkhwanazi questioned Mchunu’s decision to disband the political killings task team without informing the national police commissioner, General Fannie Masemola, and himself as the provincial police commissioner in KwaZulu-Natal.
The task team, established in 2018, was a multidisciplinary unit focusing on politically motivated killings and related crimes in KwaZulu-Natal.
Reacting to Mkhwanazi's press briefing, an unimpressed O'Sullivan told broadcaster Newzroom Afrika that the provincial police commissioner had overstepped.
"The reality is that he was not authorised to do what he did. If (national police commissioner, General Fannie) Masemola authorised what he did, the two of them can go down together because I am calling for a judicial commission of inquiry. I have today written to the minister, and I have asked the minister, without overreaching his executive powers, to arrange for Masemola and Mkhwanazi to be suspended until we can get to the bottom of what their conduct is actually involved in, and where it is leading," said O'Sullivan.
"The reality of the situation is, he has overstepped his mark. It is not the job of the provincial commissioner to start accusing the government, the judiciary, the National Prosecuting Authority and the minister of police for that matter of being criminals. That is what he did today, and I want to see that man fall and the sooner the better."
O'Sullivan insisted that Mkhwanazi was making false allegations at the media briefing on Sunday, indicating that the provincial police commissioner was on a mission of his own.
The forensic investigator also took issue with Mkhwanazi wearing the uniform of the SAPS Special Task Force.
"He is a police official, he is the head of the KZN provincial police (but) he is not a task Force member. Why was he wearing a task force uniform? Why was he having task force members on both sides of him, it is almost like he is challenging who, the government, the police? Who is he challenging? He is setting all these people around him, if you have a look at the pictures, it is very, very clear he is surrounded by people with R5 weapons and they are all wearing masks, so we can't see who they are," said O'Sullivan referring to the specialised police units at the press briefing.
"It looks dangerously suspicious and it looks like they are likely threatening a coup."
O'Sullivan insisted Mkhwanazi had acted unlawfully, and undermined the judiciary and the National Prosecuting Authority (NPA).
IOL reported on Sunday that during the explosive press briefing, Mkhwanazi proclaimed he was combat ready, and willing to die for the police badge, making serious allegations against Police Minister Senzo Mchunu and deputy national police commissioner, Lieutenant General Shadrack Sibiya.
Mkhwanazi said he would open a case against Mchunu for alleged interference in policing matters. He said this extended to the minister’s hand and influence in the closure of a task team unit investigating political killings.
He also said links between an associate of the minister and the alleged criminal underworld, had been made through cellphone analysis.
On the other hand, African National Congress Youth League (ANCYL) president, Collen Malatji, said if Mkhwanazi, has Mchunu and Sibiya, he must arrest them and avoid playing to the gallery.
Speaking to journalists in Mpumalanga, Malatji was reacting to the explosive media briefing held on Sunday by Mkhwanazi, where the provincial police commissioner accused the minister of political interference in the work of the South African Police Service (SAPS), among other allegations.
"Days of populism and statements have ended. If he (Mkhwanazi) has evidence on them, he must arrest them. We are not a country of lawlessness. We don't want statements, press briefings. We want people to be arrested. If they are doing crime, putting drugs in our country - arrest them.
*The article was firstly published by IOL*
All services will take place on Thursday across Mpumalanga’s three regions, where many will gather to pay their respects.
Preparations are underway to honour the late deputy president David Mabuza following his passing last week.
Mabuza passed away at a hospital in Sandton last week after a short illness.
Three memorial services are expected to be held in honour this week.
All services will take place on Thursday across Mpumalanga’s three regions, where many will gather to pay their respects.
Family Spokesperson Desmond Moela said that government will announce further funeral arrangements over the course of the week after the presidency confirmed he would be afforded a state funeral Category 2 on Saturday.
"The government of the Republic of South Africa will soon communicate how they are going to run everything. As soon as they’re ready, they’ll communicate everything to the public.
*This article was firstly published by Eyewitness News*
Mkhwanazi says a total of 436 suspects were arrested and charged, citing that some of the firearms confiscated are also linked directly to the political related killings.
KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi has made allegations of political involvement in cases being investigated by the police service.
Mkhwanazi is currently speaking at a media briefing in Durban on political killings and a series of investigations.
Clad in military attire flanked by armed security detail, Mkhwanazi says since the establishment of the task team in 2018 — it has investigated a total of 612 case dockets - including murder, attempted murders, intimidation and conspiracy to commit murder.
Mkhwanazi said that a total of 436 suspects were arrested and charged, citing that some of the firearms confiscated are also linked directly to the politically related killings.
He alleges that 121 case dockets that were under investigation were taken away from the task team as directed by a Deputy National Commissioner for Crime Detection, Shadrack Sibiya.
He said that Sibiya was acting on the instructions of the Minister of Police to disband the team.
He says this was done without the authority of the national police commissioner and that he was never informed.
"These case dockets since March have been sitting at the head office ever since without any investigation or work being done on them. Five of these dockets had instructions to arrest perpetrators but nothing is being done because Sibiya, being instructed by the minister or well executing the instruction of the minister, withdrew all these dockets and are sitting in the archive in his office in Pretoria, God knows why."
The KZN police commissioner said that he is proud of the investigations conducted.
*This article was first published by Eye Witness News
The final instalment of SA Rugby’s 2025 FNB Youth Weeks programme will run from Monday 7 to Saturday 12 July, with 16 teams competing across the matches played on Monday, Tuesday, Wednesday, Thursday and Saturday.
At the conclusion of the tournament, the SA Schools and SA Schools ‘A’ teams will be announced. They will face each other at Hoërskool Middelburg on Thursday, 17 July, while the U18 International Series will follow in August.
Nine players who featured in the SA Schools and SA U18 teams last year have been included in their provincial squads again. They are Josh Neill, Markus Muller, Briint Davids, Jordan Jooste (all WP), Ethan Adams, AJ Meyer (both Free State), Zekhe Siyaya (KZN), André Poulton (Lions), and Joshua McKenzie (EP).
Eight teams are in action on the opening day of the tournament, with the Western Province XV and the Griffons meeting in the first fixture at 09h30.
Free State, who went down to DHL Western Province in the final match of the 2024 tournament, will face South Western Districts thereafter.
The FNB U18 Craven Week Opening Ceremony at 14h00 will be followed by a clash between the Hollywood Foundation Pumas – the hosts of this year’s tournament – and the Limpopo Blue Bulls.
DHL Western Province, who finished last year’s tournament unbeaten, will be in action on Tuesday, along with the Leopards, Valke, Border, Suzuki Griquas, Sharks High Schools, Eastern Province and Sanlam Boland.
All the FNB U18 Craven Week action will be broadcast by SuperSport.
FNB U18 Craven Week day one schedule (Monday, 7 July):
09h30: DHL Western Province XV v Griffons
11h00: Free State v South Western Districts
12h30: Blue Bulls v Obaro Golden Lions
14h00: Opening Ceremony
14h30: Hollywood Foundation Pumas v Limpopo Blue Bulls
FNB U18 Craven Week day two schedule (Tuesday, 8 July):
10h00: Leopards v Valke
11h30: Border v Suzuki Griquas
13h00: Sharks High Schools v Eastern Province
14h30: DHL Western Province v Sanlam Boland
*This article was first published by SA Rugby
