Presumably these 5,00 or so people were the large numbers of people who were directly and indirectly (i.e. beneficiaries of original beneficiaries) in the estate. Do you know if they were also people who had some kind of agreement with Ms Surtie of Jeff Koobanally to help fund legal costs?Just as a reminder, I’m attaching a copy of the interim court order that you’re referring to.
There was money found in those accounts, but not nearly enough to pay out everything that was promised to approximately 5 000 people. There was probably only enough for each one of those people to receive five figure sums. None of the recipients would be even close to becoming millionaires. At least, this is the information that I was provided with.
Without possibly breaking confidentiality, do you know anything about the sources of the monies in the ABSA accounts that were seized? Specifically, were these monies from the PIC?
Not having any legal training, my knowledge of the of the exception that was upheld is limited at best. How significant is this exception, which presumably would be the only appeal that would have been needed to force the matter to trial or settlement?With regards to the case against the PIC, there has been no clear indication that it has been settled, nor has it even been hinted at that there exists a certainty that the matter will even be heard. At present, there is a judgement pending that stems from an appeal by the estate against the PIC’s exceptions that were upheld in October last year. My personal opinion (which doesn’t carry any weight in these matters) is that they should never have been upheld. Only if the appeal is upheld will this matter go to trial.
Interestingly (for me at least) is that the judgement was delivered by an acting judge whose application to join the bench on a permanent basis was unsuccessful. This is not the forum, and it is not my place to discuss nor disclose the probable reasons why the application was denied, but (again in my opinion), it aligns relatively well with the judgement and the reasons for the appeal that ensued.
Very interesting indeed.
Also interesting to note is that most of the judgements in the North Gauteng High Court that have been uploaded to SAFLII in recent weeks are for matters that were heard after the Surtie estate’s appeal against the initial judgement. High Court judges have been given a directive to deliver judgements within three months after the matter has been presented in court. This is one of the very few that will (seemingly) utilise the full three month period.
I had noticed the fact that the appeal has apparently not been heard. It also It could be because there are negotiations as to what the estate will accept as a settlement amount.
[Another matter that is taking the 3 month period is the MTI case, but this is most likely because of complexities rather than settlement negotiations.]
My somewhat limited knowledge of the legal system has led me to believe that if this matter should go to trial with all the evidence/information that the legal team allegedly has at its disposal, then they should be able to argue a fairly decent case. And if the information shared with me is accurate, then quite a few influential people could be implicated in a negative way.
This in itself is plausibly why the probability of a settlement being reached before arguments in this matter are heard at trial stage is not as low as some might think.
I don’t have sufficient knowledge of the reasons that led to the ex parte application, but the court ruled that the money in those accounts should have been paid over to the estate, and subsequently ordered ABSA to do so.
As I mentioned above, the court actually instructed the Sheriff to seize monies and data from those accounts. This indicates to me that there was might have been information pertaining to PCI in the account details. On the other hand, there have been reports in the past that there was conflict amongst beneficiaries as to eligibility. Someone in a post criticied these reports as having been from weak media sources, so this needs to also be taken into account. Nonetheless, the accounts in ABSA were at best indirectly linked to the claims against PCI, which is why ABSA was not the first respondent in the judgment.
In any event, with all the secrecy that the facts in this matter are shrouded in, the only way that any person not directly involved in the dealings/negotiations (or whatever the correct term might be) could gain any insight into this matter would be to read the court judgement for themselves. At least that’s what I’ll be doing…
Looking forward to hearing more - your posts have been a ray of sunshine on this thread!
