A fraud charge against a prominent East London businessman is being investigated by police after he was accused of wrongfully withdrawing money from a company without telling its directors.
Garth Voigt, director of Idec Financial Services, is accused of the wrongful withdrawal by Hlumisa Technologies directors Sabelo Jela and Mawonga Simelane.
Voigt, whose company is involved in the business rescue of Hlumisa, denies any wrongdoing.
According to Jela and Simelane an amount of R300000, withdrawn early this month, is what they have asked police to investigate.
The Daily Dispatch has seen a copy of a letter Voigt sent to
Nedbank to withdraw the money, stating the withdrawal was “required to pay monthly overhead expenses”.
Jela said: “We continue to work and he continues to steal from us while we are still challenging the same business rescue thing at the Grahamstown High Court.
“We have appealed this and he knows it.
“Anything from his side is suspended. He should not touch that account.”
In the matter, currently in the Grahamstown High Court, papers filed on June 12 by Fusion Office Automation East London say R380000 is owed by Hlumisa to a finance company known as Sunlyn, which was introduced to them by Fusion EL.
This led Fusion EL to call for the business rescue of Hlumisa.
“This application is of an extremely urgent nature as an order of business rescue will place a moratorium on all contracts entered into by and allow the business rescue practitioner to manage those accounts to the benefit of ,” reads Fusion EL’s request.
Fusion EL’s attorneys notified Hlumisa that if it planned to oppose the motion it should file its intention to do so by June 13 2017.
The deadline for filing the answering affidavit was the following day, June 14 2017, Fusion EL’s notice adds.
“If no such notice of intention to oppose be given, the application will be made on the June 20, at 10am and soon thereafter, as counsel for the applicant may be heard.”
The order was granted in favour of the applicants.
Later, the Hlumisa legal team put in an application for leave to appeal “against the whole judgment and or order granted by madam Justice Molony AJ, on June 2017”.
In their court papers, Hlumisa’s legal team said Judge Nicola Molony had erred in her June decision.
They argue the court erred in finding that:
lFusion EL’s application to place Hlumisa under business rescue had come before court properly;
lHlumisa was in financial distress; and
lHlumisa was indebted to Fusion EL.
Jela and Simelane have opened a case of fraud against Voigt at the Cambridge Police Station, something which was confirmed to the Daily Dispatch by police spokesman Captain Mluleki Mbi.
Voigt, however, said he was not aware of any fraud case against him and vowed to defend himself.
“I am not aware of any fraud case having been opened against me at the Cambridge Police Station I deny having withdrawn any funds from the company bank account fraudulently.
“Any actions of this nature will be vigorously defended,” he said.
He confirmed that the matter was subject to proceedings in the high court.
“I am unable to offer any further comment,” he added. — bonganif@dispatch.co.za
Firm’s ‘rescuer’ on fraud charge
Garth Voigt, director of Idec Financial Services, is accused of the wrongful withdrawal by Hlumisa Technologies directors Sabelo Jela and Mawonga Simelane.
Voigt, whose company is involved in the business rescue of Hlumisa, denies any wrongdoing.
According to Jela and Simelane an amount of R300000, withdrawn early this month, is what they have asked police to investigate.
The Daily Dispatch has seen a copy of a letter Voigt sent to
Nedbank to withdraw the money, stating the withdrawal was “required to pay monthly overhead expenses”.
Jela said: “We continue to work and he continues to steal from us while we are still challenging the same business rescue thing at the Grahamstown High Court.
“We have appealed this and he knows it.
“Anything from his side is suspended. He should not touch that account.”
In the matter, currently in the Grahamstown High Court, papers filed on June 12 by Fusion Office Automation East London say R380000 is owed by Hlumisa to a finance company known as Sunlyn, which was introduced to them by Fusion EL.
This led Fusion EL to call for the business rescue of Hlumisa.
“This application is of an extremely urgent nature as an order of business rescue will place a moratorium on all contracts entered into by and allow the business rescue practitioner to manage those accounts to the benefit of ,” reads Fusion EL’s request.
Fusion EL’s attorneys notified Hlumisa that if it planned to oppose the motion it should file its intention to do so by June 13 2017.
The deadline for filing the answering affidavit was the following day, June 14 2017, Fusion EL’s notice adds.
“If no such notice of intention to oppose be given, the application will be made on the June 20, at 10am and soon thereafter, as counsel for the applicant may be heard.”
The order was granted in favour of the applicants.
Later, the Hlumisa legal team put in an application for leave to appeal “against the whole judgment and or order granted by madam Justice Molony AJ, on June 2017”.
In their court papers, Hlumisa’s legal team said Judge Nicola Molony had erred in her June decision.
They argue the court erred in finding that:
lFusion EL’s application to place Hlumisa under business rescue had come before court properly;
lHlumisa was in financial distress; and
lHlumisa was indebted to Fusion EL.
Jela and Simelane have opened a case of fraud against Voigt at the Cambridge Police Station, something which was confirmed to the Daily Dispatch by police spokesman Captain Mluleki Mbi.
Voigt, however, said he was not aware of any fraud case against him and vowed to defend himself.
“I am not aware of any fraud case having been opened against me at the Cambridge Police Station I deny having withdrawn any funds from the company bank account fraudulently.
“Any actions of this nature will be vigorously defended,” he said.
He confirmed that the matter was subject to proceedings in the high court.
“I am unable to offer any further comment,” he added. — bonganif@dispatch.co.za
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