Former lodge owner ‘despondent’ over court ruling

It was alleged that the couple had defrauded their own business, now named eBundu Lodge, bought from Janson, who is also still a partner, by issuing fake invoices and pocketing the cash.

The couple were later arrested on eight charges of corruption, forgery and money laundering, involving R200 000. Janson blew the whistle after an inspection when he found invoices amounting to over R200 000 for services that had never been rendered, and the money was paid into the couple’s personal accounts without his knowledge.

But on Monday, Magistrate D van Rooyen ruled that Sibusiso, whose testimony he completely rejected, was only guilty on the corruption charges.

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The couple, who were in good spirits during the three-hour reading of the verdict, looked at each other in disbelief when Van Rooyen dismissed Sibusiso’s testimony as not reliable. The case was postponed to November 5 for sentencing purposes.

For Janson and his wife, Enesta, this is an unsatisfactory end to a very volatile period that started just over four years ago when they decided to sell their renowned hotel after having built it up brick for brick over 30 years. The Tshabalalas bought a stake of 67.7% in the very popular then Bundu Lodge, outside White River, for R32 million.

According to the Jansons, the Industrial Development Corporation (IDC) insisted they keep a 33.3% stake in the lodge and mentor the Tshabalalas over a two year period to run the enterprise. “The IDC insisted that after a deposit of about 40%, the balance be paid over a year or two,” said Willem.

The Tshabalalas, however, ordered the Jansons off the property the day after the transaction was sealed, telling them that they would not be needed anymore, Enesta claimed. That was the beginning of a bitter feud during which the Jansons claimed they were sometimes physically threatened by security officers and the police, prohibiting their entrance to the property.

In the meantime, the relationship between the two parties soured to such an extent that Willem decided to call off the deal. The matter was then taken to court.

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“During the court proceedings in the middle of 2018, the Tshabalalas’ auditor phoned me unexpectedly with the news that he was convinced and had proof that the Tshabalalas had been defrauding my wife and me with fake invoices,” said Willem.

In the meantime, the court ruled that the IDC and the Tshabalalas entered into a loan agreement last year, and had also concluded a shareholding agreement, and that Willem should honour the deal. He applied for leave to appeal in July 2018, but the Supreme Court of Appeal dismissed the application on the grounds that “there is no reasonable prospect of success in an appeal, and there is no other compelling reason an appeal should be heard”.

Exactly two years later, the Tshabalalas were arrested by the Hawks’ Serious Commercial Crime Investigation Unit.
“Monday’s ruling has me despondent. The Tshabalalas practically got away with fraud and still owe me R28m of the agreed purchase price,” said Willem.

“They have created a paralysed workplace and business, and many people have lost their jobs during this time. Nothing is left of the prime business my wife and I started building in 1988,” he said.

Lazarus Mkazi, Akim Likolola and Mpho Matsane, former employees of the lodge, claim they have been unfairly dismissed and are battling to make ends meet.

The Tshabalalas declined to comment on the matter.

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