Classified

High Court Confirms Statutory Management of Firms

 

IN THE HIGH COURT OF BOTSWANA HELD AT LOBATSE

UAHGB-000277-25

In the matter between:

NON-BANK FINANCIAL INSTITUTIONS

REGULATORY AUTHORITY APPLICANT AND

INKUNZI INVESTMENTS (PTY) LTD 1ST RESPONDENT

FIMA ENTERPRISES (PTY) LTD 2ND RESPONDENT

ORDER

Before the Honourable Mr. Justice M.S. Letsididi at Lobatse on this 17TH September 2025.

UPON HEARING: Attorney Ms. K. Mere for the Applicant and having read the documents filed of record.

IT IS ORDERED THAT:

The rule nisi issued on the 5th September 2025 be and is hereby confirmed in the following terms:

1. The matter be heard as one of urgency and that the ordinary rules relating to time, form and service be dispensed with in terms of Order 12 Rule 12 of the Rules of this Honourable Court.

2.1 The appointment of John Hinchliffe to be a Statutory Manager of INKUNZI INVESTMENTS (PTY) LTD and FIMA ENTERPRISES (PTY) LTD in terms of Section 62 (1) of the Non- Bank Financial Institutions Regulatory Authority (NBFIRA) Act of 2023 is confirmed.

2.3 The Respondents are interdicted, prohibited and restrained from impeding or interfering with the exercise by the Statutory Manager of his duties under the NBFIRA Act.

2.4 The Applicant is directed, if necessary, to engage the services of Botswana Police for the purposes of enforcing this order.

A copy of the Court Order be published in the Government Gazette and in a local newspaper circulating in Botswana.

Directing that INKUNZI INVESTMENTS (PTY) LTD and FIMA ENTERPRISES (PTY) LTD pay the costs of this application.

BY ORDER OF THE COURT

REGISTRAR AND MASTER