Omar's Motor Den has denied any links to the "Maumela syndicate" following the Special Tribunal's ruling, ordering the Special Investigating Unit to release five luxury vehicles, which had been preserved as part of the unit's probe into the alleged looting of R2 billion from the Tembisa Hospital.
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The Mpumalanga luxury car dealership embroiled in a legal battle with the Special Investigating Unit (SIU) over the seizure of five supercars has distanced itself from the Maumela syndicate implicated in the looting of R2 billion from the Tembisa Hospital.
Emalahleni, Mpumalanga-based Omar’s Motor Den has described being linked to the syndicate, whose kingpin has been identified as businessman and one of President Cyril Ramaphosa’s nephews, Hangwani Maumela, by the SIU, which was at odds with facts and constituted the propagation of an injurious falsehood aimed at damaging its good name and reputation, which it has built over decades of trading.
“Any such attempts will be opposed, and our client will, where appropriate, take steps to hold the SIU and its spokesperson (Kaizer Kganyago) accountable for such reckless utterances,” the dealership threatened.
In an interview on Tuesday, Omar’s Motor Den principal dealer, Yusuf Omar, said the dealership paid the market value of the two Aston Martins, two Ferraris, and a Rolls-Royce.
“We approached them and told them now, after the (Special Tribunal) order, that these five vehicles that they say we underpaid, we are willing to give back to you at the price we paid so that you can go and get the money you want,” he explained.
Omar said the luxury vehicles will not be advertised until the curator bonis Jacques van Wyk sends an evaluator and takes the supercars at the values the dealership paid. “If we underpaid, take the cars back at what we paid. Put your money where your mouth is, don’t just talk,” he added.
According to Omar, Van Wyk wants a lot of information for details belonging to the dealership.
“I wasn’t happy with any of these points because I, firstly, have paid for these cars. He’s asking me now to provide more security to the value of the vehicles because they say we underpaid.”
Omar said two months before the SIU approached the tribunal for an order for the seizure of the vehicle, the corruption-busting unit had eNaTIS (Electronic National Administration Traffic Information System) reports showing that the vehicles belonged to the dealership.
“Yet, they failed to show it (eNaTIS reports) to the tribunal because they (tribunal) wouldn’t have granted the order if they provided it,” he explained.
Omar insisted that he was not Maumela’s proxy as the SIU has alleged.
“I didn’t pay him (Maumela) for these cars. I bought them from a third party, not from him. So, I’m nowhere in this mix. They’re just creating a narrative which is completely incorrect,” he maintained.
Omar continued: “There was never a time I received money from this individual. Never. I won’t say I don’t know him, but I purchased the vehicles from his sister, not from him. So, his sister could be his proxy. I do not want to state that I do not know him; I know him. I never bought vehicles from him directly.
“I watch the news, and I’ve seen that you cannot deal with this person; you cannot buy his assets because they’re proceeds of crime.”
Omar said if Maumela used his sister as his proxy, that was a matter between the siblings.
In an e-mail sent last Thursday, Van Wyk wanted an indication whether Omar’s Motor Den wished to sell or retain the vehicles, whether the dealership would engage the official distributors of Aston Martin, Rolls-Royce, and Ferrari to do valuations on the vehicles, details of their insurance schedule, as well as the original registration papers be handed in at your office for safe keeping.
In its response, through their attorneys, Omar’s Motor Den told Van Wyk that the tribunal’s order does not provide for his request that the original registration papers be handed to his office for safekeeping.
In addition, Omar’s Motor Den said the security provisions contained in the January 30 order should not have been ordered in the first place, as neither party sought them, and that the dealership was not afforded an opportunity to make representations or be heard on the issue.
“It is clear from the judgment that the court (tribunal) did not take into account the independent valuations furnished by our client.
“As such, we intend to appeal paragraph three of the order, but we trust that this will not become necessary once it becomes clear that the vehicles were purchased at a fair market value, and possibly at a slight premium to acquire the vehicles,” the law firm explained.
It added that the order was also unclear about how long the security would remain in place.
“It is manifestly unfair that the security is likely to endure in perpetuity, if not for the next 10 to 15 years, while the main case is pending,” the lawyers said.
The third paragraph of former Special Tribunal President Judge Margaret Victor’s order authorises the release of the vehicles subject to conditions, including that the dealership shall put up security to Van Wyk’s satisfaction, and which will be the equivalent of each vehicle’s market value.
Additionally, the market value of the vehicles shall be determined by an independent third party appointed by Van Wyk to calculate the amount of security to be put up and that if Omar’s Motor Den wishes to sell any of the vehicles, he (Van Wyk) must first agree to such intended sale based on factors such as purchase price, the details of the person or entity, and to whom the vehicle will be sold.
Judge Victor’s ruling also states that the security shall remain in place and shall only be released or adjusted by the tribunal’s order and that the dealership shall insure the vehicles to Van Wyk’s satisfaction.
The SIU has indicated that the preservation order continues to protect the assets while investigations into the Maumela syndicate and related procurement irregularities at Tembisa Hospital proceed, and that its next course of action is to continue its probe and pursue the main forfeiture proceedings.
“The vehicles have not been lost to the SIU, their value is secured, and the investigation continues,” the unit stated.
loyiso.sidimba@inl.co.za