Latest news with #R12-million
The Citizen
6 days ago
- Business
- The Citizen
Limpopo megaproject sued over 'stolen' rocks
Subcontractor removed R12-million worth of white rock from private land Construction vehicles belonging to Tshiamiso Trading 135, photographed while excavating and loading road-building materials from Boetie Visser's old mine dumps. Photo supplied. A subcontractor on the multi-billion-rand Musina Makhado Special Economic Zone (MMSEZ) project removed R12-million worth of white rock, used to build roads, from a private property without permission. The state-owned company behind the MMSEZ is now being sued by the property owner. But MMSEZ has told the owner to collect the rocks at his own expense, before the end of the month. The subcontractor, Tshiamiso Trading, terminated its contract after receiving R50-million. The company has a track record of receiving controversial government contracts. The state-owned company behind the controversial Musina-Makhado Special Economic Zone (MMSEZ) in Limpopo is facing a R12-million lawsuit after a subcontractor removed approximately 35,000 cubic meters of white rock from a private property without permission. The MMSEZ is a multi-billion-rand megaproject launched by President Cyril Ramaphosa in 2018. More than R100-million has been spent on the project, but there are still no roads, electricity or water connections. It has now emerged that a company subcontracted to build roads, Tshiamiso Trading 135, removed R12-million worth of white rock from an old mine dump owned by Boetie Visser Groep Kontrakteurs, without permission. A subsequent investigation by MMSEZ SOC found that the removal of the road material by Tshiamiso is likely unlawful and criminal. But MMSEZ has not followed the investigator's recommendations and has rejected Visser's requests to be paid for the rocks or for the rocks to be returned. Visser has launched a court case in the Polokwane High Court to claim the R12-million he says is owed to him. But earlier this month, MMSEZ told Visser to collect the rocks at his own expense, denying that they were responsible for the removal of the rocks. Tshiamiso, which has a track record of receiving controversial government contracts, has since cancelled its R200-million contract, after receiving R50-million, citing standing time and ongoing court action. The company's director, Hlamani Bruce Mohlaba, insists the rocks were lawfully removed. Adding to the debacle is that part of the area on which this infrastructure is supposed to be built does not belong to the MMSEZ SOC, and the northern site has not been gazetted to allow for such a development. The MMSEZ has, on several occasions, been accused of bulldozing ahead with development plans, while ignoring legal concerns and the fact that no sustainable plans are in place to secure water on the sites. Unlawful mining In 2022, Tshiamiso was awarded a R200-million contract with MMSEZ to build internal roads and stormwater infrastructure at the MMSEZ's northern site at Artonvilla, north of Musina. They received an additional R100-million contract to build stormwater drainage. On 2 August 2023, the MMSEZ obtained a permit from the Department of Mineral Resources (DMR), which allowed Tshiamiso to start mining for white rock to be used for the roads. An old mine dump was fenced off by Tshiamiso, and the company started removing rocks and taking them to the construction site, about 2km away. But it appears the land, in fact, was owned by Boetie Visser, of Boetie Visser Groep Kontrakteurs CC. In January 2024, Visser contacted the MMSEZ, claiming that Tshiamiso was, without permission, removing crushed stone material that belonged to him. Visser sent several letters to the MMSEZ requesting that they halt the excavation, but Tshiamiso continued. Visser sent a proposal to the MMSEZ on 10 January, offering to sell the high-quality stones to the company. During a meeting between Visser and MMSEZ officials on 22 January, the matter was discussed, and a follow-up meeting was planned to reach an amicable resolution. On 25 January 2024, Visser's lawyer, advocate Elandré Bester, issued a memorandum about the unlawful removal of processed material from his old mine dumps. The memo highlighted that Visser is the lawful owner of the old mine dumps and alleged that the conduct of the MMSEZ and Tshiamiso constituted 'fraud, theft, and larceny'. MMSEZ investigates Officials from the MMSEZ's Legal Services and Infrastructure Development units visited the site on 6 February to investigate. They found it was 'highly unlikely' that Tshiamiso was extracting material from within the permitted area and that it was 'clear that the mining dumps… were outside the designated area of the borrow pit permit'. The MMSEZ investigators also met with Visser, who presented documents to prove he was the owner of the property and had his own mining permit for the white rocks. Visser reiterated his willingness to sell the stones, failing which they should be returned. At that stage, an estimated 35,000 cubic metres, at a value of about R12-million, of crushed stone had already been taken by Tshiamiso. It was agreed that the MMSEZ would provide Visser with feedback three days later, by 9 February 2024. The day after the site visit, Mashile Mokono, the MMSEZ's Senior Manager for Legal Services, compiled a report. It concluded that Tshiamiso could be charged for conducting illegal mining and committing a criminal offence, and said that the company should be held liable for damages. The report recommended that the MMSEZ urgently instruct Tshiamiso to cease excavation, enter into negotiations with Visser to purchase the collected material, and produce records of all materials taken. An estimated 35,000 cubic metres of 'white rock' road-building material stockpiled at Tshiamiso Trading's construction site, approximately two kilometres from Mr Boetie Visser's mine dump. Photo supplied Development stalled By 9 February 2024, the MMSEZ had not provided Visser with feedback as promised. This prompted Visser to apply for an urgent interdict in the Polokwane High Court to stop the unlawful removal and ensure the materials were recovered. But on 5 March, the matter was dismissed because of a lack of urgency. Visser is proceeding with the court action against MMSEZ, SLM Engineers (the consulting engineers overseeing the project) and Tshiamiso and wants to be paid R12-million for the materials removed from his land. In May this year, the MMSEZ board chairperson, Dr Nndweleni Mphephu, presented a report to the Limpopo legislature's portfolio committee on economic development. The report revealed that Tshiamiso had terminated its R200-million contract, citing non-payment of standing time and ongoing court action. Tshiamiso had already been paid R50-million by the time of termination. The report also revealed that the land earmarked for the project's northern site did not belong to the MMSEZ. The land belonged to the Department of Rural Development and Land Reform. Additionally, the area designated for the northern site had not yet been gazetted. 'Come and fetch your rocks' Visser has still not received any payment for the materials. 'I have done nothing wrong. They stole my stone, moved it unlawfully, and now I'm left with a bill and legal costs amounting to half a million rand. And I still don't have my stone back,' said Visser. Visser claims that SLM Engineers knew that Tshiamiso had been extracting rocks from the wrong area. In spite of his ongoing court action, Visser, on 15 July this year, received a letter from Tshifhiwa Irish Bologo, acting CEO of the MMSEZ, telling him to collect the rocks at his own expense before the end of the month. 'As you are aware, MMSEZ was not responsible for the removal of the white rock material from your site as that was done by Tshiamiso Trading without any direct or indirect involvement of MMSEZ,' stated Bologo. This left Visser outraged. 'I didn't put it there. They put it there – their contractors. Now I must transport it back at my own expense? … My offer was simple. I said, pay me, and I'll take my stone back. Now they're saying no, take it back at your own cost,' said Visser. In response to a media enquiry, Bologo said 'Visser is currently engaging with MMSEZ on the removal of the white rocks.' Bologo said that 'MMSEZ is not aware of any instructions by SLM to Tshiamiso Trading to collect the white rocks and therefore no action will be taken against SLM.' As for Tshiamiso, Bologo confirmed that the company still holds the R100-million contract for bulk sewer and waste treatment works construction. She confirmed that a new contractor will have to be appointed to complete the internal roads and stormwater infrastructure. In response to questions, Mohlaba, Tshiamiso's director, said: 'The removal of material occurred lawfully. The claims by Mr Visser presently form the subject matter of an application in the high court. A cost order has already been granted against Mr Visser and is in the process of execution. The application is still pending.' SLM Engineering said that part of the matter had been dismissed with costs by the court. 'Thus, in respect of the law, we cannot comment any further at the moment as this matter is before the court,' concluded Sello Matlakal, a director of SLM. (The cost order referred to by Mohlaba and Matlakala relates only to the urgent application that was dismissed for lack of urgency, not Visser's ongoing court case). A controversial contractor Mohlaba is no stranger to controversy. In 2019, Tshiamiso was taken to court by the Greater Tzaneen Municipality, which accused it of 'undue enrichment' after the company was awarded a R26-million contract for the construction of a 5.8km road and stormwater drainage system. Costs escalated rapidly, and construction was halted when Tshiamiso demanded further payments. It emerged in court that Tshiamiso had made errors in its bid calculations, which influenced the procurement process. The court ruled that the municipality's decision to award the tender to Tshiamiso was unlawful and constitutionally invalid from the outset. At the time, Tshiamiso was also entangled in other similar disputes. In 2016, the Makhado Municipality awarded the company contracts for the construction of two roads, where costs escalated and the projects were halted. Tshiamiso is listed as a legal contingency in the municipality's 2022/23 annual financial statements. At the time, the company was suing the municipality for R7.4-million in unpaid standing time, while the municipality lodged a counterclaim for R11.8-million, alleging 'undue enrichment'. The outcomes of these claims remain unknown. During the covid pandemic, Tshiamiso diversified into the medical supply sector. It was one of 42 suppliers contracted by the Limpopo provincial government to deliver masks and infrared thermometers. This article is published in association with the Limpopo Mirror/Zoutpansberger. This article was republished from GroundUp. Read the original here.
Daily Maverick
24-07-2025
- Business
- Daily Maverick
The Financial Wellness Coach: How to cut estate duty and avoid heavy tax
Although it may seem like a good idea to transfer assets before death to reduce estate duty, doing so can actually result in higher tax costs. Question: My father is a widower and has just been diagnosed with cancer. The prognosis is not good and I'm helping him to tidy up his affairs to make the inheritance process easier. I am his only child. His assets consist of a house worth R4-million and various share investments worth R8-million. To reduce his estate duty bill, we are thinking of transferring the house to his only grandchild while he is still alive. advertisement Don't want to see this? Remove ads Does this make sense? Are there any other factors we should consider? Answer: Although it may seem like a good idea to transfer assets before death to reduce estate duty, doing so can actually result in higher tax costs during your father's lifetime. This is because of: • Immediate payment of capital gains tax (CGT) If your father transfers the house to his grandchild now, he will trigger a CGT event. He will need to pay tax on the growth in value of the property from when he bought it until the date of transfer. This could be substantial, especially if the house has appreciated significantly. • Donations tax Donating the house (valued at R4-million) to the grandchild will also trigger donations tax at 20% on the value above the R100,000 annual exemption. This means that your father will have to pay donations tax of R780,000. • Transfer costs The transfer will also incur costs such as conveyancing attorney fees, deeds office charges and transfer duty. As you can see, this approach would result in a high immediate tax burden (CGT plus donations tax plus fees) without actually reducing the tax payable, as donations tax is charged at the same rate as estate duty (20%). Additionally, the value of these taxes is paid during your father's lifetime, thereby reducing the capital available for investment and growth. advertisement Don't want to see this? Remove ads Alternative strategy An alternative solution that is worth considering is the following: Your father's estate is worth R12-million. He will get the R7-million estate duty abatement. This means that R5-million of his estate would be dutiable, which, at a rate of 20%, means that he would be paying R1-million in estate duty. One of the few options is to make use of disallowed retirement contributions. In short, if you buy a retirement annuity (RA) that is worth more than the lesser of R350,000 or 27.5% of your taxable income, the excess contributions are classed as disallowed contributions. If you buy a living annuity with that money and your beneficiaries elect to receive the proceeds of the annuity when you die, this amount will not trigger estate duty. Consider this scenario Your father buys an RA for R5-million (which is above the allowable deduction threshold); The excess contributions are classified as disallowed for tax purposes; He then converts this RA into a living annuity; and If your child (his grandchild) is listed as the beneficiary of the living annuity and chooses to receive the benefit as an income stream, no estate duty will be payable on this amount upon your father's death. This will result in the following: A saving of R1-million in estate duty, as the living annuity falls outside the estate for estate duty purposes; A saving of R200,000 in executor fees, as the living annuity has a beneficiary and need not be dealt with by the executor; The income paid to your child will be taxable in their hands, but since they will probably have little to no income while still young, the tax will be minimal, if any; and This structure can fund education, living expenses or long-term income. This is a fantastic way for your father's legacy to live on. Although it is never nice to think about death, a bit of planning can make a material difference to the amount of money that leaks from an estate when there is a death. advertisement Don't want to see this? Remove ads advertisement Don't want to see this? Remove ads I would strongly recommend that you speak to a suitably qualified professional before implementing any of these ideas, because I'm only seeing part of your financial picture and there may be other factors that need to be taken into account. DM Kenny Meiring is an independent financial adviser. Contact him on 082 856 0348 or at Send your questions to [email protected]. This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
The Citizen
02-05-2025
- Business
- The Citizen
Unpacking KwaDukuza budget red flags with the iLembe Chamber
Concerns over KwaDukuza municipality's proposed 2025/26 budget are mounting, with the iLembe Chamber of Commerce warning that key risks could impact the municipality's financial stability. According to the chamber, one of the biggest issues is the ongoing shortfall in KwaDukuza's electricity department, with a projected deficit of R160.3-million for 2025/26. Despite plans to introduce smart metering and upgrade infrastructure, the chamber noted that no clear targets for reducing electricity losses had been set in the new budget. In the past financial year, 25.67% of electricity distributed was lost through technical failures and theft, costing the municipality R321.2-million. This continued inefficiency not only erodes revenue but also threatens the municipality's sustainability. The chamber warned that KwaDukuza's financial health remains heavily dependent on high revenue collection rates and the successful rollout of revenue-enhancement strategies. Worryingly, the municipality's ongoing reliance on internal reserves to fund capital projects poses a long-term risk to its financial future. Chamber CEO Cobus Oelofse said the projected 161.8% increase in cash reserves for 2025/26 appeared 'unrealistic' and would likely come at the cost of critical spending. 'Chasing cash reserve targets without investing adequately in capital projects, repairs and maintenance puts essential services at risk,' said Oelofse. Capital investment plans also face major setbacks. The budget outlines a 76% drop in capital expenditure, reflecting falling national government grants and limited borrowing capacity. This despite deputy mayor Sicelinjabulo Cele's call for more infrastructure investment at last week's mayoral imbizo at Umhlali Prep. Oelofse said declining capital spend, combined with missed infrastructure project targets and procurement delays, raised serious doubts about the municipality's ability to deliver on its own plans. Repairs and maintenance spending also remains critically low, budgeted at just 2.6% of the value of municipal property and equipment – far below the 8% national benchmark. The chamber also expressed disappointment over governance and security plans. Despite the major theft from KwaDukuza's bank account earlier this year, the budget shows no significant investment in strengthening internal audit capacity or IT security. Outsourced internal auditing has been reduced, and there is no mention of an IT system audit. It was also noted that ratepayers would bear the cost of ongoing fraud investigations, with the investigation budget jumping from R1.5-million to R12-million. The chamber warned that without urgent changes, the budget risks weakening essential services and undermining public trust. Stay in the loop with The North Coast Courier on Facebook, X, Instagram & YouTube for the latest news. Mobile users can join our WhatsApp Broadcast Service here or if you're on desktop, scan the QR code below. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
Daily Maverick
23-04-2025
- Business
- Daily Maverick
Cash properties and new SUVs – inside Independent Development Trust CEO's R22m assets splurge
The Independent Development Trust's newly constituted board has passed a resolution calling for lifestyle audits into the entity's executive management. Daily Maverick unpacks several property transactions and vehicle purchases that might pique the investigators' interest. Trusts controlled by the Independent Development Trust's (IDT's) CEO, Tebogo Malaka, in 2023 forked out R6-million in cash for the purchase of three properties in Gauteng. This includes a plot in Gauteng's upmarket Waterfall Country Estate, where the priciest properties currently on offer sell for upwards of R20-million. Daily Maverick has established that one of Malaka's trusts is in the process of building a house on the Waterfall plot — again without a bond — and that the total cost is set to be around R12-million. This will bring to R18-million the grand total for the assets splurge that Malaka embarked on in 2023 – all paid for, or due to be paid for, in cash. Later in 2023, Malaka also forked out more than R4-million for two luxury vehicles. The IDT CEO purchased a brand-new Porsche Cayenne SUV and a Range Rover Sport, each with a price tag of at least R2-million. Unlike the properties, Malaka seemingly bought the vehicles through financing arrangements. However, the new wheels may still raise questions over Malaka's ability to service the instalments, especially when these purchases are viewed alongside the cash transactions for the properties. Malaka has strongly denied any wrongdoing. Last week, the queries Daily Maverick sent out for this piece seemingly triggered a hefty social media campaign aimed at discrediting our work. On the same day that we sent our questions to Malaka, an account on X (formerly Twitter) claimed that Daily Maverick and this journalist were part of a 'coordinated information ecosystem' that seeks to unfairly target the likes of Malaka. On Good Friday, another X account posted fake screengrabs purporting to show Whatsapp messages between this reporter and Public Works Minister Dean Macpherson's chief of staff. The falsified messages again sought to show that this reporter was acting in cahoots with dubious forces that were out to tarnish Malaka's reputation. The fake messages also made specific reference to the assets Malaka had acquired through her trusts. Speaking through a law firm that Malaka had appointed after we sent her our queries, the IDT CEO denied that she had played any role in disseminating fake news. 'Any suggestion that our client is involved in any form of wrongdoing, or in the manufacturing or distribution of the purported false information, is categorically denied. Our client asserts that she had no role in, nor responsibility for, the alleged activities referenced in your correspondence. Any such allegation is without merit and is firmly rejected,' reads a letter from her attorneys. 'Not public information' As the IDT's political custodian, Macpherson recently called for lifestyle audits into the IDT's top management. The IDT's board of trustees, now chaired by businesswoman Zimbini Hill, subsequently passed a resolution that approved broad-ranging lifestyle audits into Malaka and other senior IDT executives. The resolution comes on the back of several media exposés involving IDT contracts worth hundreds of millions of rands. In October last year, Daily Maverick revealed that the IDT had awarded the lion's share of a R836-million oxygen plants project to Bulkeng, an apparent 'ghost company' that did not possess the necessary accreditation to deal in medical equipment. The National Department of Health, on whose behalf the IDT managed the project, has since pulled out of the contracts. In light of the upcoming lifestyle audits, Daily Maverick's latest offering delves into the properties and vehicles that Malaka and her trusts bought in the space of just one year. Our report comes with an important caveat: We neither possess any evidence that the assets were purchased with funds linked to IDT contracts, nor are we suggesting that this was the case. However, the transactions detailed in this piece will almost certainly feature in the upcoming lifestyle audits. The investigators are sure to take a keen look at especially the cash purchases, seeing as the movement of large sums of money is a key consideration in any instance where there are concerns over alleged corruption, fraud and money laundering. What's more, the timing of the assets splurge may also raise further red flags. The properties and cars were all purchased in 2023. During that year, the IDT oversaw tender processes for some of its most contentious contracts, including those that were awarded for the oxygen plants initiative. We specifically asked Malaka how she and her trusts had managed to acquire the assets in such a short space of time, especially those properties that had been bought without bank loans. We also wanted to know how she would finance the multimillion-rand building project on the Waterfall plot. 'The source of income of the trust used for the acquisition of the properties in question is not public information. Our client elects not to disclose any further details in this regard,' stated Malaka's attorneys. 'It is denied that our client has, or had, any influence over the appointment of any service providers to the IDT. All appointments were made through a public tender process, in which representatives from the relevant government departments formed part of the evaluation panel,' said the attorneys. The two apartments In early 2023, Malaka set out to purchase two apartments, both of which were paid for by means of cash transfers. The properties were acquired through the Mmutla Wa Noko Family Trust. According to two sources familiar with Malaka's affairs, the IDT CEO had set up the trust to manage some of her family's assets. The Mmutla trust first forked out R1.1-million for a unit in a residential development in Fourways, Johannesburg. Deeds records show that the trust bought the property in February 2023, and that the transfer was concluded in June that year. In March 2023, the Mmutla trust bought a second apartment, this time paying R1.25-million. The unit is located in Centurion. Like the first apartment, there is no bond registered to this property, which means the trust had concluded the purchase through a cash transfer. Waterfall Country Estate Malaka is also a trustee of the Magogodi Family Trust, which was registered at the Master of the High Court in Pretoria in June 2023. In July 2023, one month after the trust was founded, it paid R3.6-million for an empty stand in the upmarket Waterfall Country Estate, located to the north of Johannesburg. The Deeds Office records don't reflect any bond registered for the purchase, so Malaka's trust would have had to come up with this substantial figure in cash. In other words, in the space of just six months, Malaka's two trusts had somehow accessed R6-million to pay for the two apartments and the Waterfall erf. Daily Maverick has established that construction on the Waterfall plot started some time in late 2024. The construction project serves as confirmation that Malaka is the controlling hand behind the Magogodi trust. We were able to establish that Malaka had briefed key roleplayers involved in the Waterfall development, and that she had personally appointed some of the key contractors. According to sources familiar with the project, Malaka's trust is set to spend at least R12-million on the construction costs, finishes and related expenses. Given the absence of a bond from a financial institution, the trust would somehow have to cover these costs in cash. Shiny rides In July 2023, Malaka bought a grey Porsche Cayenne GTS Coupé. In December of that year, she also purchased a new Range Rover Sport. The records available to Scorpio don't reflect the costs for each purchase, but the average price tag for these models is well north of R2-million. Board resolution The IDT's board of trustees was only recently restored to a full quorum after months of inactivity. One of its first decisions was to give the go-ahead for lifestyle audits on key IDT personnel. 'The reconstituted Board has made it a priority to strengthen governance and rebuild public trust in the IDT, an entity critical to the delivery of social infrastructure in South Africa. To this end, the Board has resolved to introduce a policy on lifestyle audits, aligning with the Public Sector Integrity Management Framework, which encourages the use of lifestyle audits to detect and prevent unethical conduct,' the board said in a written response to Daily Maverick. 'This policy forms part of a broader strategy to promote ethical leadership, transparency and accountability within the organisation. The lifestyle audits will not be conducted on an ad hoc basis but will form part of a structured governance approach. They will initially focus on senior management and individuals occupying high-risk roles, particularly in areas such as supply chain management,' explained the board. The board of trustees wants to use lifestyle audits as a means to mend the public's trust in the entity. 'The Board believes this step is necessary to ensure that those entrusted with the management of public resources conduct themselves with integrity and accountability. While the IDT continues to play a significant role in delivering public infrastructure, restoring public trust remains a priority. The Board is committed to ensuring that the institution operates with high standards of governance, ethical conduct and public confidence.' DM
