Troubled BAC attracts deputy sheriffs
Bame Piet | Tuesday December 2, 2014 15:12
It was business as usual at the learning institution until Deputy Sheriff Joseph Kokeletso spoilt the party, attaching several computers, leaving staff members with no work to do.
Mmegi news team arrived to find Kokeletso packing the computers into his bakkie.
Mmegi has learnt that the two parties entered into a contract from November 2007-2011 for consultancy services, which were to be paid for on agreed intervals. However, there were discrepancies in the payments and in June this year, the aggrieved party Belshane Property Group (Pty) Ltd approached the High Court, which ultimately ordered BAC to pay in July.
The matter went back and forth between June and October this year, with the parties failing to observe the laid down rules. Nonetheless, the court ruled in favour of Belshane Property Group (Pty) Ltd to attach and auction BAC movable goods. The company is owned by one Olebeng Ngwakwena.
Through case no CVHGB-0011374-14 the Accountancy College approached the High Court seeking to stop Belshane Property Group and Deputy Sheriff Joseph Kokeletso from attaching its property.
Presiding Justice Terrence Rannowane, in a judgment delivered last Friday gave the deputy Sherriff a go-ahead to attach and auction the movable property of BAC.
Before reaching the verdict, the judge made shocking discoveries that the attorneys representing BAC did not have the power of attorney as required in any litigation.
During proceedings, the attorney Patrick Matlho representing Belshane Property Group (Pty) Ltd made an objection or query that there was no power of attorney as well as a company resolution authorising the BAC attorney to proceed with the application.
“Counsel for the defendant Ms Makati-Mpho undertook to confirm such documents were in their records and also expressed unhappiness at the way the point was raised which appeared to be calculated to surprise or ambush her.
“However, it subsequently transpired that the company resolution and the power of attorney were filed with the court either on September 26, 2014 or October 8, 2014 as the documents bear date stamps reflecting the two dates,” the judge said.
He observed that the documents were filed a month after the urgent application was filed on August 22.
“The resolution itself and the power of attorney appear to have been signed on August 27, 2014, five days after the application was filed.
“It is clear therefore that when this application was launched, the attorneys for the applicant (BAC) acted without power of attorney authorising them to do so, nor a resolution of the company granting them authority for the application to be brought,” the judge said.
He stated that the power of attorney is central to any litigation and that without it, an attorney would not have any legal basis for initiating proceedings on behalf of a client and purporting to do so is against High Court rules.
“It is now a matter of record that this application was first heard on August 22, 2014. The power of attorney was signed on August 27, 2014 and subsequently filed of record on September 26, 2014.
“This then means that at the time this matter was heard, there was no power of attorney authorising defendants’ attorney to file the application” He said that the Registrar was not given valid reasons why such proceedings should continue without power of attorney.
“Instituting proceedings without a power of attorney is a fatal omission which negates the locus standi of the defendants attorneys.”
Meanwhile, a board member who spoke to Mmegi on condition of anonymity stated that the majority of board members are not aware of the litigation before the High Court.
“They are not aware of the impending attachment of their goods and are not aware of any resolution to appoint any law firm to represent them in this matter,’ said the board member, who also stated that BAC recently advertised for consultancy services yet its contract with Belshane Property Group has not been officially signed off.
At time of going to press yesterday, Deputy Sheriff Kokeletso was locked in a meeting with the school authorities over the goods to be attached, and whether there was an alternative to the attachment.
The BA public relations official, Lesego Goitsemang declined to comment as she said she was not familiar with the case.