Johannesburg - Well-known businessman and former director of Arthur Kaplan Jewellers, Hoosein Mohamed, has launched yet another offensive against liquidator Enver Motala.
Mohamed’s detailed complaint statement accuses Motala of serious incidents of intimidation, harassment and soliciting a payment of R400 000 from him.
These claims reveal a grim picture of Motala’s alleged misconduct, with supposed proof of payment and other communications between the two parties as recent as two months ago.
Mohamed, who was denied bail in the Randburg Magistrate’s Court last week following his arrest on June 1 after an incident in Sandton during which he allegedly threatened Motala’s daughter, fellow liquidator, Laila Motala, with a firearm and shoved her up against a wall.
He has accused Motala of having solicited an unwarranted R400 000 payment from him.
This comes hot on the heels of the liquidation of the well-known Arthur Kaplan Jewellers.
Arthur Kaplan Jewellers and NWJ, which are both part of the Luxe Group of companies, owed creditors tens of millions of rand.
NWJ was subsequently placed in provisional liquidation in late December after a lender to which it owes R1.9 million approached the high court in Pretoria.
This back-and-forth contest has brought liquidations back into the spotlight, leading to allegations being made by Laila, against Mohamed.
Mohamed has denied Laila’s allegations that he assaulted her and pointed a gun at her, and has countered by registering a separate criminal case alleging the extortion and that Laila was fronting for her father.
This week, The Star reported that Motala was one of South Africa’s bestknown liquidators and was also regarded by many as the most controversial liquidator South Africa has seen.
Mohamed further states that Motala, who should not be practising as a liquidator, continues to do so through his daughter.
“On about May 2, and via WhatsApp, Enver sent me, while I was at the head office, a series of messages that constituted harassment, intimidation and extortion. Enver demanded without any basis that I make payment to a personal entity of his for the amount of R400 000.
“Out of fear, duress and force, I was left with no choice but to do so. Had I not done so and acceded to his demands, the threats he made would have been clear.
“Payment was subsequently made on May 3, to Shenver Investments (Pty Ltd), the personal entity he referred to. The proof of payment made to him is attached hereto, marked (HM4), and a search work report in respect of Shenver is attached marked (HM5),” alleges Mohamed.
Motala was one of the liquidators for Pamodzi Gold and Retail Apparel Group, as well as for the pyramid scheme MP Finance, known to the public as Krion.
In 2003, Motala was accused by the then deputy director-general of the Department of Justice, Mike Tshishonga, of having what was termed a “nepotistic” relationship with the then-minister of justice, Penuell Maduna.
In 2010, Motala was arrested in his Rosebank office for allegedly assaulting an employee, and in September 2011, he was removed from the panel of approved liquidators by the Master of the High Court following an investigation into his conduct.
Despite being removed as a liquidator, it is alleged by Mohamed that Motala continued in the liquidation business, using his daughter as a front. This allegation is also contained in Mohamed’s statement.
“It is clear, therefore, that Enver is the sole director of Shenver. Shenver was not the creditor to any of the entities within the Luxe Group of companies and was not the appointed liquidator as he represented to me to be, and I reiterate that he had no basis to claim any monies from the aforesaid entities. It later became clear to me that Enver utilised his daughter, Laila Motala, as a conduit and face of the liquidation of the aforesaid entities.
“At all material times, he was in control,” he stated.
Responding on behalf of Motala, Knowles Husain Lindsay Inc. said the WhatsApp messages referred to by Mohamed are fraudulent.
“Our client never said the things he is alleged to have said, nor did he send the WhatsApp messages that he is alleged to have sent. He has never used the profile picture that Mr Mohamed alleges he has used.
“The WhatsApp profile picture is derived from an old newspaper photograph of our client, whose name is Enver (not Anver) Motala. I know Mr Motala’s WhatsApp profile picture, and it is not the one used by Mr Mohamed,” the lawyers said.
“In short, the complaint by Mr Mohamed is nonsensical fiction.”
The Star