Twist in Bonelena liquidation

2015-02-13 00:00

PIETERMARITZBURG businesswoman Thandeka Nene of Bonelena Construction — a company that allegedly scored from the Nkandla upgrade — is fighting a bid to place her company ­under final liquidation.

Willowton-based Sharp-Air Cooling Solutions (Pty) Ltd, obtained an order in the Pietermaritzburg high court late last year placing Bonelena Construction Enterprise and Projects CC under ­provisional liquidation.

The case was yesterday adjourned sine die (indefinitely) in the high court, with the provisional liquidation order being extended until the case is finalised.

In an affidavit, Nene said she is ­opposing the application by Sharp-Air because Bonelena does not owe the company any money.

Instead she alleges Sharp-Air was “overpaid” by Bonelena to the tune of R567 260 and she intends to lodge a counter-claim to recover that amount.

The application to wind up Bonelena, was based on an allegation by Zahir Shaik of Sharp-Air that Bonelena owes his company R523 084 and cannot pay its debts.

He said during 2012 and 2013 his company had periodically performed work manufacturing, supplying and installing air-conditioning and equipment for Bonelena (including work done at ­Mzinto prison) in respect of which it submitted invoices totalling R1 480 084.

As at August 2013, Bonelena had paid only R857 000, leaving a balance ­outstanding of R623 084.

Bonelena paid a further R100 000 into Sharp-Air’s account on September 19, 2013.

Shaik claims that Bonelena cannot pay the remainder of the debt to them and is commercially insolvent.

Shaik said in his affidavit that ­Bonelena Construction had been ­previously liquidated (in 2012) but in terms of a proposal and compromise ­entered into between its joint liquidators and all its creditors, was allowed to ­continue trading.

He was also informed that last year Wesbank had brought an application in the high court for Bonelena’s provisional liquidation as it owed the bank R728 143,27. This application was subsequently withdrawn.

Shaik said he could “only assume” Bonelena reached an agreement with Wesbank to settle the claim.

“This may well be why the respondent [Bonelena] has been unable to pay the applicant [Sharp-Air],” he said.

Shaik said he was opposed to any ­efforts to revive Bonelena’s business by way of a business rescue plan.

In her replying affidavit Nene cited four instances where she alleges payments were made to Sharp-Air to which the company wasn’t entitled.

These were in respect of “duplicated” invoices, overcharging and unauthorised expenditure.

She said on Shaik’s own papers he admitted Sharp-Air has received R957 000 from Bonelena.

Over and above this she said they were paid R100 000 on November 29, 2012, and R150 000 on February 2, 2013, emanating from the account of the provisional liquidators at that time.

She said Bonelena has paid a total of R1 207 000, of which it is entitled to be repaid R567 260.

She said Sharp-Air cannot ask for Bonelena to be wound up, because the alleged debt is disputed.

Sharp-Air isn’t a creditor of Bonelena and therefore cannot apply for its liquidation, she added.

Nene said Shaik conceded that ­Bonelena had settled an amount due to Wesbank “which tends to show that the respondent [Bonelena] is able to pay its debts.

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