CCTV footage showed jewellery being loaded into shopping trolleys and backpacks.
With cross‑examination set to continue in April 2026, questions continue to swirl around the liquidation of Arthur Kaplan Jewellers and the dramatic events of 2023.
The defence alleges an inside job involving gold, diamonds and watches worth an estimated R38 million that were removed from multiple stores in Sandton City and Eastgate.
The matter returned to the Palmridge Specialised Commercial Crimes Court last week, where the case was postponed to April.
Accused
The four accused, former Arthur Kaplan Jewellers director Hoosein Mohammed and former employees Azhar Ismail, Ridwan Mansoor and Ammarah Ismail, allegedly looted the stores in 2023 after the company went into liquidation.
CCTV footage showed the haul being loaded into shopping trolleys and backpacks.
The goods have not been recovered and the four have been charged with theft, according to the Sunday Times.
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Irregularities
Last week, during the cross‑examination of Arthur Kaplan liquidator Laila Motala, the court heard allegations of irregularities in both her appointment and her father’s involvement, former disgraced liquidator Enver Motala.
According to the defence, the liquidation process was tainted by historical disputes, personal relationships and procedural anomalies.
During proceedings, the court heard that both Motala and her father had engaged former Pamodzi Group directors Faizel and Solly Bhana to procure loans for Arthur Kaplan, despite the Bhanas allegedly being proven creditors of the estate.
Key drivers
Faizel and Bhana worked alongside Motala and were previously identified as key drivers in the collapse of two gold mines owned by the Pamodzi Group during a 2009 sale to BEE company Aurora Empowerment Systems (AES).
AES included former president Jacob Zuma’s son, Khulubuse Zuma, and Zuma’s long-time lawyer, Michael Hulley.
One of AKJ’s creditors, Preggy Padayachee, was also implicated in the Pamodzi scandal.
Defence advocate Muhammad Vally told the court that while public debate has intensified, the full picture will only emerge when cross‑examination resumes in April 2026.
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Liquidation
Arthur Kaplan Jewellers was placed under urgent provisional liquidation in late 2022 by unknown Durban businesswoman Verushka Jagganauth, who claimed the company owed her nearly R2 million. She has since disappeared.
Motala was appointed shortly thereafter as provisional liquidator. However, testimony last week suggested that her appointment – a process that ordinarily takes up to seven days – was completed within a single day, raising questions about procedural fairness and transparency.
The defence argued that an extension of her powers was made before her appointment was confirmed.
Appointment
Defence counsel questioned the appointment of Motala and her consultants, citing a commercial dispute involving her father more than two decades ago.
They argued that this history created a conflict of interest, a claim Motala rejected, insisting she relied on professional expertise rather than personal ties when assembling her team.
“There was already a collective formed to appoint you,” Vally said, referring to creditors who supported Jagganauth’s liquidation application.
“You managed to get your appointment essentially in negative time, a day after you applied for your extension of powers,” he added. “You are describing a level of efficiency from a government department that is completely opposite to the experience of ordinary South Africans.”
Seeking an ‘outcome’
The defence further alleged that the unusually swift appointment suggested that certain creditors may have acted in concert to secure a particular outcome, spearheaded by Enver Motala, who could not act as liquidator.
He was appointed by his daughter as a “consultant” alongside his long‑time assistant, Michelle Sutherland.
The defence argued that this arrangement effectively allowed him to continue practising behind the scenes, with Laila Motala the face of the Enver Motala practice.
Defending actions
Motala defended her actions, telling the court that urgency was required because the business was trading during peak retail season and jobs were at risk.
She denied that anyone else was “running the show” and maintained that all decisions were made within the bounds of insolvency law, an answer that the defence also challenged by showing a meticulous pattern of non-compliance by Motala as regards her statutory duties.
The defence also questioned whether the appointment of her consultants complied with industry codes of conduct.
Legitimacy
It emerged that Enver Motala was chairperson of the industry body to which his daughter belonged – a fact the defence argued further undermined the legitimacy of his involvement.
Aided and abetted by Enver Motala, the Bhanas and Padayachee, the defence indicated that the true heist occurred at the time of provisional liquidation.
Stock was removed by force and at gunpoint by some of the alleged proven creditors long before the events of 31 May 2023 and 1 June 2023. Previous state witnesses confirmed this.
Clarity
Vally told The Citizen that the public will no doubt seek clarity on the extent of Enver Motala’s role in the Arthur Kaplan liquidation.
“The case may also revive questions about his involvement in other high‑profile collapses. Enver Motala has been a recurring figure in several major insolvency controversies over the past two decades,” Vally said.
“His name also surfaced in the liquidation of Velvet Sky Airlines in 2012, a collapse marked by financial turmoil and creditor disputes. Court records reflect historic fraud and theft convictions from earlier decades – later expunged but repeatedly referenced in litigation assessing his suitability to act as a liquidator.
Professional standing
Vally said recently his attempts to re‑enter the field have been declined by both the Master of the High Court and the Supreme Court of Appeal.
“The current allegations of improper appointments and behind‑the‑scenes involvement through his daughter’s firm may have lasting implications for his efforts to rehabilitate his professional standing.”
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