The company began a ‘coordinated takeover of certain KleuterZone schools even before the liquidators could gain access to the business operations’.
The joint provisional liquidators of the KleuterZone group of schools have approached the Western Cape High Court for urgent relief to prevent Ludus Holdings from restructuring, disposing of, or interfering with several nursery and pre-primary schools previously operated within the group.
KleuterZone and its underlying companies, as well as founder and director Anthonie Bougas, were officially sequestrated earlier this year after the scheme, which relied on investor money, collapsed.
In an application filed on Thursday, the liquidators Johannes Muller and Madeleine Kuilder, asked the court to grant an interim preservation order restraining Ludus Holdings (Pty) Ltd, its directors Francois and Michiel Smuts, Kind Academy (Pty) Ltd, and two additional respondents from transferring, rebranding, or interfering with the operations and assets of the affected schools pending the outcome of statutory liquidation enquiries.
The matter is set down on the urgent roll for Friday, 12 December 2025.
In February, Moneyweb initiated an investigation into KleuterZone following concerns expressed by existing and prospective investors about the sustainability of the group’s advertised high returns, which ranged between 38.4% and 62.4%.
Several investors contacted Moneyweb after the first article was published, claiming they had not received their March dividends, while landlords had not received rent for the properties that KleuterZone leases from them.
ALSO READ: KleuterZone kingpin Anthonie Bougas sequestrated
Ludus steps in
Moneyweb reported earlier that Ludus Holdings was in discussions with school principals to potentially take over the operations of certain schools. At the time, around 58 schools were identified.
Little was known about Ludus, other than that one of its directors is Francois Smuts.
According to court documents, the “Smuts brothers” (Francois and Michiel) began a “coordinated takeover of certain KleuterZone schools before the liquidators could even gain access to the business operations”.
Multiple witnesses testified under oath during enquiries by Mathys Krog Attorneys that the Smuts brothers held meetings with school staff and principals on 11 March.
At these meetings, the Smuts brothers announced that KleuterZone had “collapsed” and that Ludus would be taking over control of the schools.
Staff were told they would now report to Ludus, that management instructions would come from Ludus, and that parents should be directed to communicate with Ludus regarding fees, enrolments and operational matters.
The liquidators argue that Ludus claimed the schools, which had been bought by KleuterZone, as their own without any lawful transfer having taken place.
According to the affidavit, Francois Smuts confirmed recently that the schools Ludus had taken over would be transferred to Kind Academy, a new company registered earlier this year. There was an “in principle decision” that Kind Academy would take over the schools and assume a portion of Ludus’s debt, he said.
ALSO READ: Are KleuterZone’s promised returns of up to 62.4% too good to be true?
Relief sought
The liquidators are seeking a court order prohibiting the respondents from “alienating, disposing of, restructuring or encumbering” any of the schools formerly operated or acquired by the KleuterZone entities.
These include Vinkel & Koljander in Witbank, Trippe Trappe Trone in Brakpan, Wikkelwurmples in Heidelberg, Secunda School, and Ballito School in KwaZulu-Natal.
The liquidators also want the respondents to be prevented from interfering with bank accounts, movable assets, contracts, goodwill, business operations, staff, or electronic systems linked to the schools.
Further, the application requests an order directing the respondents to deliver, within 48 hours, full banking and transactional records for all business conducted under the “Ludus” or “Kind Academy” structures from March 2025 to date.
ALSO READ: ‘Schools were recklessly managed’ – former KleuterZone employee
Concern over alleged transfer of schools
The liquidators state that the application is intended to preserve the status quo while statutory enquiries in terms of Sections 417 and 418 of the Companies Act are underway.
They emphasise that the purpose is not to determine who ultimately owns the schools, but to ensure that assets are not shifted or dissipated during the investigation.
In the papers, it is alleged that some schools may be transferred or integrated into Kind Academy – a company incorporated earlier this year – during the liquidation process.
The applicants argue that such steps could prejudice creditors and hinder their ability to conduct a thorough investigation into the group’s affairs. The applicants were appointed as joint provisional liquidators in separate orders to identify, secure and preserve assets that may form part of the insolvent estates.
They are required to investigate transactions within the group, prevent the removal or dissipation of assets, and stabilise operations where necessary while the enquiry proceeds.
The respondents have until 5 December to file opposing papers, with the applicants expected to file replying affidavits on 8 December.
Francois Smuts was given an opportunity to comment but declined.
This article was republished from Moneyweb. Read the original here.
