Merwede Boerdery application for appeal against Landbank started-Andre Smit

Our leave to appeal against Landbank’s alienation of assets to be settled, pending setting aside the liquidation orders, was heard in Kimberley in the High Court today. In this case, the arguments on the question of law regarding Landbank’s locus standi have been pushed to the forefront as most essential. Landbank has liquidated the farm for R75 mil while the bank can only rely on evidence of R9 mil.

Our legal team has done unbeatable… I’m very positive.

If this matter is referred to the Court of Appeal, the matter will quickly be pushed to a point that many farmers will benefit from.

Adv Nic Maritz referred the court to how Landbank misrepresented the liquidation application and relied on foreign Landbank / Grocap cession agreements that had already been concluded in 2011 and which had absolutely nothing to do with the Merwede Boerdery and Unigro agreements that were only concluded in 2015. Unigro’s original certificates of balance – dated for 30 September 2020 – refute Landbank’s claims which rely on nothing more than two individuals’ statements.

Landbank has never been able to put any primary facts or evidence of any sessions with Unigro before the court.

Adv Maritz also referred the court to many applications from many farmers pending as well as judgments that are contrasting. This alone justifies and necessitates the court of appeals for an explanatory decision on this particular Land Bank.

matter affecting many farmers.

The court was also informed how millions of rands worth of assets of the Merwede Boerdery were irregularly alienated by liquidators at huge losses despite no inventories existing.

Judge Williams reserved judgment.

Tomorrow the Jonker case on the same matter occurs in Bloemfontein where Landbank must expose their sessions in terms of Section 35 or alternatively admit under oath that they have no sessions with which they have effected the liquidations of so many farmers. Good luck to the Jonker team.

Should this matter lead to a favourable setting aside, restitution of millions of rands of alienated assets will have to take place.

source:Merwede Boerdery application for appeal against Landbank started – Volkskrag News