Latest news with #R2.1m
The Citizen
29-05-2025
- The Citizen
Serenity Haven: Allegations of abuse and labour disputes arise
Allegations of abuse and neglect of patients and staff at Serenity Haven Frail Care Centre have been mounting since it emerged last year that the centre had allegedly suffered a financial loss of about R2.1m over four years at the hands of a former staff member. The Roodepoort Record has, since late last year, received numerous complaints from current and former staff members, families of former patients, and former volunteers, about conditions at the centre, which included allegations of neglect and abuse, sometimes violent, of staff and patients by the owner, George Mouton. Also read: Serenity Haven: Criminal charges to follow Allegations included that patients were fed rotten and expired food, while Mouton himself lived like a king on food donated to the haven, and that patients were often neglected, developing bed sores and other ailments due to insufficient care. Rupert September, owner of Maestro Assist, who was roped in to assist the Haven get back on track after the alleged theft came to light, says it was not long before they realised that the allegations against Mouton were more than just rumours spread by disgruntled former employees. 'We tried everything in our power to assist George in his quest to rectify things at the Haven,' he says. 'He was very resistant to some of the changes we tried to implement, and initially we thought it was just because he is an older man, set in his ways. 'It soon became clear he was trying to hide the real extent of what was going on, and we had to make a decision that we could not in good conscience remain part of the Haven, so we withdrew.' According to September, shortly after their withdrawal, he was approached by several staff members, asking for help. Also read: Frail care centre closed amid abuse allegations 'They complained of impossible working conditions and frequent outbursts by Mouton, which sometimes became violent. 'We assisted them by taking them to the Labour Department in Roodepoort, where it was discovered that not one of them was registered. It was also revealed that they were being paid substantially less than the legal minimum salary.' According to September, Mouton let all his staff go in April after it emerged that they had approached the Labour Department. In an interview with the Record, Mouton insisted this was untrue, and that he let the staff go because he could no longer afford to pay them due to the fact that R2.1m had been siphoned off from his accounts. Also read: Frail care centre loses millions in alleged theft He alleged that he was making use of volunteers and students to care for his patients. Mouton has, over numerous interviews with the Record, maintained his innocence, citing disgruntled employees spreading falsehoods about him as the origin of complaints. He maintains that he has never become violent with patients or staff, and insists that he ate the same food as his patients every day. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
05-05-2025
- Business
- The Citizen
Standard Bank told to pay back the money
It paid out more than R2.1m from a deceased estate to a fake executor and tried to argue that it followed proper due diligence. The court didn't buy it. Costs were awarded against the bank, not least because 'a customer has no duty to anticipate criminal activity'. Picture: Gallo Images/Foto24/Brendan Croft Standard Bank has been instructed to pay back more than R2.1 million paid to a fake executor by the name of Johan Botha, who managed to convince the bank and the Western Cape High Court master that he was the authorised executor of the estate of Constance Arnot, who passed away in August 2021. The case highlighted some astonishing vulnerabilities in a system meant to safeguard deceased estate assets. It also reaffirms the legal principle that it is the bank, not the customer, who is liable in the event money is paid out to the wrong person, particularly where negligence is concerned. In her final will from 2013, Arnot named her son-in-law James Turner as executor of her estate. On 21 September, shortly after Arnot passed away, Turner submitted the will, death certificate, and his acceptance of trust as executor to the master's office at the court. He then asked the master to issue the required letters of executorship. It was a full year later, after complaints from Turner's attorneys, that the letters of executorship were issued. What was not known to Turner at the time was that in February of 2022, the master had also issued letters of executorship to one Johan Botha. ALSO READ: Prudential authority fines Absa R10 million for FICA non-compliance Documents supplied, payment made Botha had meanwhile approached Standard Bank via email, claiming to be the executor of Arnot's estate. The bank's officer in charge of deceased estates demanded certified documents, which Botha appeared to provide, including a copy of the will where he was named as the executor. This was given further credence by stamps on the will certifying it as a certified true copy of the original. Thus satisfied, the bank proceeded to pay out funds from Arnot's account in April 2022 to Botha and another named recipient, Katherine Smuts. Turner later found out that the funds had been paid out and immediately contacted the bank to find out to whom and why the funds had been paid out, and based on what documents. A series of emails passed between Turner's attorneys and the bank, which refused to release the documents requested, claiming Botha was listed at the master's office as the executor of the estate. ALSO READ: FSCA fines African Bank R700 000 for misleading advertising [VIDEO] Bank's refusals … and suggestion The bank also claimed it could not release the requested documents on the basis that they related to a third party, which would put it in violation of the Protection of Private Information (Popi) Act. By October 2022, Turner's attorneys demanded that the bank pay the funds into the estate account. The bank refused on the grounds that it had already made payment to Botha and suggested Turner take the matter up with Botha directly. 'Only the bank can claim the funds back from Botha, not the applicant,' reads the judgment. 'This is why the bank's response to the applicant to rather liaise with Botha regarding the funds, when the latter demanded payment of the funds, was cynical to say the least. This, despite its refusal to give any information regarding Botha.' The bank claimed it followed proper procedures and verifications before transferring the funds to Botha. ALSO READ: Former customer charges Absa with perjury and defamation Matter taken to court Frustrated and determined to uphold his duty as executor, Turner took Standard Bank to court in June 2023, seeking a declaratory order that the bank's closure of Arnot's accounts and payment to Botha were unlawful, demanding the return of R2.19 million plus interest, and the disclosure of documents justifying the bank's actions. The case exposed a series of failures by Standard Bank, revealing how easily the alleged fraud had slipped through its processes. Turner argued that his case did not rely on negligence or wrongdoing by Standard Bank, but on his entitlement, as the legitimate executor, to payment from the bank. When Turner's attorneys received some of the documents supplied by the bank in its reply, they found a series of 'inconsistencies, deficiencies and abnormalities in the emails and documents emanating from Johan Botha'. They also argued that the bank and its employees were extraordinarily negligent, with no rational or reasonable basis to be satisfied with the documents supplied by Botha. ALSO READ: Smackdown for Standard Bank in home repo case Superficial check The bank's admin officer, Cindy Camp, did a superficial check – consulting the master's portal, which incorrectly reflected Botha as executor – without noticing that Botha's documents were not legitimate. 'Had Ms Camp called the telephone number shown on the portal page to confirm details she would have been in contact with the applicant, and the fraud may well have been exposed,' reads the judgment by Judge Nobahle Mangcu-Lockwood. 'Ms Camp would have had no reasonable or rational basis on which to regard Botha's scant details as adequately verified by checking it against the information shown on the Master's portal.' Mangcu-Lockwood slammed the bank's male fides (bad faith) for trying to introduce a further affidavit while still refusing to provide information requested by Turner's team. 'Pointedly, no documents were provided to [Turner] which were provided to the bank by Botha for closure of the accounts and transfer of the funds to him, and that remains the position to date,' she said. The judge rejected the bank's attempt to blame Turner for delays in securing his letters of executorship, citing case law that a customer has no duty to anticipate criminal activity. The court ruling hinged on the bank's contractual obligation, not its negligence. Its closure of Arnot's bank accounts and the payment to Botha were unlawful, and the bank was ordered to pay over the R2.1 million deceased estate to Turner. Costs were awarded against the bank. This article was republished from Moneyweb. Read the original here.
The Citizen
04-05-2025
- The Citizen
Dagga worth millions seized in Mpumalanga
Two consignments of dagga worth R2.1m were recovered in two separate incidents in Mpumalanga on April 30. In Chrissiesmeer, dagga weighing 381kg estimated to be worth R800k was found in a suspicious Toyota Hilux with Gauteng registration plates. The bakkie was travelling on the R33 at about 03:45 that day. A provincial police spokesperson, Brigadier Donald Mdhluli, said the driver refused to stop, which resulted in a police chase. Once the driver pulled over, 64 small packets and 24 bigger packets of dagga were found in the back of the bakkie. Mdhluli said the driver is a 33-year-old eSwatinian man and he was charged with dealing dagga. In Hazyview, the police were tipped off about another Toyota Hilux with Mpumalanga registration plates transporting dagga on the R40 between White River and Hazyview at approximately 09:30 on April 30. Mdhluli said the vehicle was stopped and searched. Sixteen bags of dagga weighing about 320kg and with an estimated street value of R1.3m were found inside the bakkie. ALSO READ: Mozambican national sentenced to 20 years for poaching in Kruger National Park The driver and the passenger were arrested immediately. Both consignments were confiscated for investigation. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
