Business Hijacking

[desA]

We have one of SA's leading Advocates leading the charge.

To say that our family is incredibly grateful, would be a gross understatement. There are some good people in this world.

[CLIVE-TRIANGLE]

desA, any advocate is a huge up of the ante. Well done my friend and all of the best.

Having had an advocate blowing the bugle for me was a life changing event, as it will be for you.

[desA]

Thanks so much, Clive.

The other avenues, as suggested by you earlier - are now all in play.

[KristiKat]

please go here....

someone asked a similar question today.

hope it can help you in some way.

[KristiKat]

What are the nolle?

the refusal to prosecute.

therefore it is better to go the civil route in the link provided....

they won't prosecute they will only sentence.

there won't be a criminal trial,

but a civil trial that would give a punishment.

[sterne.law@gmail.com]

Des, if you and/or advocate need help, I'm happy to throw my hat into the mix.

[desA]

Thanks for your kind offer Anthony.

Our advocate has a highly competent attorney on the sharp end of this. You have no idea of the debt of gratitude we owe to these kind folks.

[desA]

Matter escalating fast now. There are some very competent people acting in critical positions. Our family is incredibly grateful. Still have a long, long way to go, however.

[desA]

Making further progress - one step at a time.

Question:
CIPC is sent an Annual Return.

What is this? Is this a Tax Return? Will it show business turnover etc for the year submitted? Does anyone perhaps have an example of what this Annual Return would look like?

[Dave A]

Des, the annual return CoR 30.1 does reflect the declared turnover on page 1.



The balance of the return reflects the various officers of the Company or CC per the records of CIPC.

[desA]

Thanks so much, Dave. This is incredibly useful.

Lets say a CC has three members. Who is legally allowed to sign off & submit the annual return CoR 30.1? Can it be any member, or must all three sign off the submission?

[Dave A]

Des, the return is completed online and in practice anyone with an account at CIPC could submit the annual return. They don't even have to be connected to the company or cc concerned.

The only linkage or traceability is the user profile that submitted the return will reflect on the CIPC records of annual submissions for the company/cc concerned.

CIPC just seems to assume that no-one in their right mind would pay the annual fee for a company that they're not connected to.

[CLIVE-TRIANGLE]

Des that's an interesting point you have raised.

In reality, members of the cc cannot be changed by the annual return process. One either confirms the data presented, or "flag" errors and then file the necessary docs to correct them, which requires signatures of all embers, whether affected or not..

The turnover is used to calculate the annual duty. The duty starts at R100 iro turnover to R1m
Then R450 for turnover to R10m and so on, up to a maximum of R3,000 for R25m +

So the worst that one can actually do is confirm incorrect data, and then misstate the turnover to reduce the duty.

[desA]

Thank you Dave & Clive for your invaluable comments.

I now have a very good idea of how this Annual Return has been managed, in my case. An amazingly 'Dormant' operation gets a new lease on life, or...?

The harder the hijackers try to evade, the more they tie themselves in knots... Intriguing.

[desA]

A few comments on the SA Criminal Justice System

We've seen a few comments in regards to the ineffectiveness of the SAPS & fraud/theft-based matters. The general impression is often that SAPS & the Prosecutors are way too overloaded, to take on these matters. Business hijackers tend to use this to their advantage & bank on the system working against the complainant.

Well, my experiences have been a little different. Once the case was lodged with SAPS & a CAS #/#/201X provided, the matter moved into capable hands & a process started. At a certain point, for large fraud cases, it seems that SAPS sends the docket to the Prosecutors at the local court, for determination as to whether it will move to trial, or not. The general action, is to not read the matter thoroughly, & to return it to the I/O for re-work - often citing 'civil matter' as the basis for the return.

The onus is then on the complainant to press on, show the criminality element clearly, & press for justice. There is a lot of work to be done here & it is not for the faint-hearted, I assure you.

In my case, I've appealed to the very highest channels in our legal system & met with a very pleasant surprise. There are some really good people out there.

There are a few things wannabe business hijackers need to know:
1. If the prejudice can be shown to be in excess of R500,000 , then, the Minimum Sentences Act is being applied. This sends the guilty to jail for a minimum of 15 years.

2. There are some excellent officials in the criminal justice system, who are good at their job. They've seen fraud-based crimes so many times, that your act will be relatively transparent to them. Generally, common sense prevails.

3. An attorney who specialises in hijack cases & guides their client beyond a certain point, is a party to the fraud. Besides also being in line for jail-time, such persons may be disbarred from the legal profession.

4. The Accused in a criminal matter - once arrested - may not leave the country until the matter is settled!

5. Some people cannot be bought off. In criminal matters, once the matter has been lodged with SAPS, it is illegal to accept an offer to walk away from the case. This is called 'compounding', or bribery. When hijackers meet such people of integrity, then they are well on their way to jail. Attorneys will try to convince you that you can just 'not push the matter'. This is unethical & dishonest. Why use SAPS & the courts to do your dirty work?

6. When the jailed fraudsters' time comes to apply for parole, you better know that affected parties will want to lodge a request to the parole folks to attempt to keep you inside longer, or to, at least, ensure as far as possible that you do not repeat these crimes upon your release. We will be watching you!

I was asked the question : What do you want from this case?

Answer : Nothing, but justice. It is not about money, but all about putting fraudsters in jail, so that they cannot harm another person in future. Sure, my family & I have been traumatised by this matter, but we are pressing onto the end. This is our solemn promise!

I trust, that, as this matter unfolds, that those of our business community who have been hijacked by unscrupulous operators during their careers, will take courage & learn from my experiences. The more we stand together, the less chance for these crooks.

I am more & more convinced each day, that there is a need to set up a group in South Africa, to assist fellow business persons, to push back against the business hijackers out there.