Man loses R7m he lent to friend

2012-12-12 10:34

Johannesburg - A man who lent his friend millions for a property development has heard that he will never see that money again.

Fillippus Opperman instituted legal proceedings after he lent Jacobus Boonzaaier the money for a development in Cape Town three years ago and Boonzaaier failed to repay it. With interest, the amount has grown to R7m, The Times reported.

In an initial court ruling, Opperman was told that his agreement with his friend was unlawful in terms of the National Credit Act as he was not registered as a credit provider.

As a result, Opperman's claim would, in terms of section 89(5)(c) of the act, be forfeited to the state.

Opperman then took his fight to the Constitutional Court, where it was ruled that this section of the act was unconstitutional.

His lawyer, Gerhard Gous, said Opperman’s case had done the public a huge favour as it would help others who had not been registered as credit providers but were in the same position as Opperman.    

But Boonzaier has meanwhile been sequestrated and Opperman is unlikely to ever see his money again.

  • Wentzel Radcliffe - 2012-12-12 10:40

    Who needs enemies if u have friends like these

      janice.mcmaster.92 - 2012-12-12 11:19

      Ja, thats a tad below the belt!!!

      frederick.nel - 2012-12-12 11:37

      Wish this guy was my friend, could use a few mil.

      vambozha.mutemi.9 - 2012-12-12 12:05

      anyone who wants money from me..please am not a registered credit provider!

      mart.botha - 2012-12-12 12:12

      The greed for making money without compliance of rules, regulations and more importantly common sense, has reared it's head. Give it as a gift or don't give at all. It's quite simple. How do idiots get to accumulate wealth like this ?

      punungwe - 2012-12-12 12:16

      All I want is to be Opperman's friend!!!!

      mlungisi.botha - 2012-12-12 12:37

      What they mean is he can't get his money back using legal means. A guy owes you 7 mil and I'm expected to slump my shoulders and walk away? Nooit nie, nein, nyet...if it was mine my friend would be begging me to take 8 mil instead....I can be contacted on 083 555 555 555!

      beverly.young3 - 2012-12-12 13:57

      My grandpa used to say, NEVER lend money or stand surety for anyone unless you are prepared to lose that money....I never forgot.

      shudusO - 2012-12-12 14:26

      How do you lend a friend a million? ... you must be rich.

      piet.hannibol - 2012-12-12 20:28


      nicholas.graan - 2012-12-12 21:59

      The moral of the story is never lend money to family or friends.

      fanie.viljoen.73 - 2012-12-13 10:09

      Heading totally wrong! This oke was never his friend in the first place.

      mlungisi.botha - 2012-12-13 13:59

      @Juniper; Sorry man if you couldn't get thru. My best friend's borrowed my Blackberry and I haven't seen him since!

      justinfarmer.stadtlander - 2012-12-13 16:38

      Im with you mlungisi, that guy would be crying for me to accept the money he owed me. Where's the common decency, a mate lent you money, now you make a plan to pay it back, or make arrangements to pay it back slowly. How can you just say 'thanks for spotting me bud, but i dont feel like paying you back'?

  • carla.vittori3 - 2012-12-12 10:51

    I read the title and thought they were talking about Treasury and Zuma for a second...

      leka.mad - 2012-12-12 11:04

      Just goes to show, Stupidity and financial mismanagement isn't restricted to govt and spans across race. The same is seen when people emigrate. They take out loans they don't repay.

      megala.arxithia - 2012-12-13 19:13

      If I lent a 'friend' so much money and never paid it back, true as bob, I would fork out another grand or two and break the mans legs and stick him in a body caste. Just look at the Dewani case. The clown hired some hitmen in one day for a few pence and took out his wife. So for R10K, you could do alot of damage to this mampara Opperman so he wont scam anyone else.

      shawn.thompson.3954 - 2012-12-18 20:19

      EXCELLENT ONE!!!!!!!!!!!!!!!!!

  • clive.kihn - 2012-12-12 10:54

    There's an old saying: never lend money to friends. I guess this friend is now an ex-friend.

      Anthony - 2012-12-13 11:05

      a far better rule is.......never lend money to someone who has less money than you

  • compos.mentis.58 - 2012-12-12 10:56

    You loan your friend money. You see them again, they don't say nothin' 'bout the money. 'Hi, how ya doin'? How's ya mama doing?' Man, how's my money doin'? Chris Tucker

  • hnievd - 2012-12-12 10:59

    That man saw him coming.... if you know what I mean..

      rodney.louis.7 - 2012-12-12 15:22

      wont blame the guy if he brings some serious hurt to this crook Boonzaier

  • thaluki.malema - 2012-12-12 11:10

    That's bad!!!! Very very bad!! Poor guy. I feel very sorry for him.

  • kunenesimphiwe.michael.1 - 2012-12-12 11:11

    man! make sure the bastad doez not get a chance 2enjoy the damn mula, send him strait to hel with it...

  • henock.maja1 - 2012-12-12 11:11

    hire me

      rodney.louis.7 - 2012-12-12 15:23

      yeah invite him over for some Vrete and Drinks.. and demand with force your money ..

  • charles.evendumber - 2012-12-12 11:13

    I think this judgement was overturned by the concourt.

      Deon - 2012-12-12 11:33

      Yes but sequestration stops any legal action. He might get very little.

  • alan.manshon - 2012-12-12 11:15

    the article seems to have the facts a little screwed. The initial court actual found in the lenders favour and it was the lender who was applying to have the borrower sequestrated. He actually won his case. The department of trade and industry then took the matter to the ConCourt which upheld the high court's decision. the part that baffles me about this case is that the issue was that the Act requires a lender who has a total book of R500k to register with the NCR and the argument here is that the lender was not a registered credit provider. The Act however does not apply to a loan that is not at arm's length. if the loan was made on the basis of a friendship, ie would not have happened if they weren't friends, then the NCA has no bearing on the transaction anyway.

      hugh.robinson.56 - 2012-12-12 17:59

      Thanks Alan was a bit confusing. We must assume the borrower knew that the loan in the strict sense of the law was illegal and had no intention of giving it back.

  • pboot - 2012-12-12 11:19

    I need a debt collector - does anyone know anyone ?

      Deon - 2012-12-12 14:31

      There are many around but most bad payers just go missing. Getting judgements against people helps as it stays for up to 5 years on credit buro's lists. No more credit for those "skelms".

      ria.wilson - 2012-12-13 13:00

      Did you also lend Boonzaaier money?

  • jeremiah.m.mbele - 2012-12-12 11:24

    His gonna kill him, anyway.

  • Klaus - 2012-12-12 11:25

    CliveK, supposing you have that kind of money, to loose ? I wonder how civil you would be, having said that, in "our" society only Lawyers make money out of your misery, thats why Kabelos comment hits the nail right on its head

      clive.kihn - 2012-12-12 13:15

      Mmmm - food for thought, Klaus, and you are so right about lawyers.

  • augusto.lugoboni - 2012-12-12 11:29

    I would put that ##### on the missing persons list so quickly!

      oscar.lekoane - 2012-12-12 13:05

      This law is an ass,whatever happened to jst being a good friend to the one who is need,despite the obvious benefit to the lender?

      oscar.lekoane - 2012-12-12 13:06

      This law is an ass,whatever happened to jst being a good friend to the one who is need,despite the obvious benefit to the lender?

  • frans.vanderpoll - 2012-12-12 11:31

    Question to Mr. Opperman - Can I be your new best friend please?

  • witness.sombhane - 2012-12-12 11:35

    Can somebody borrow me 7m i promise i will give it back.

  • gladness - 2012-12-12 11:39

    The person who borrowed the money better start looking over his shoulder. This is South Africa. Big, black and dangerous.

  • willem.leroux.75 - 2012-12-12 11:47

    If my wife asks for money again, I am gonna use this law.... I'll save thousands..... Sorry dear, According to the National Credit Act it is unlawful as I am not registered as a credit provider.

      rodney.louis.7 - 2012-12-12 15:25

      lmao .... sure to use it as well

      jason.davidson.144 - 2012-12-12 15:28

      hehe, im sure you will be visiting mrs palm and her 5 daughters alot more often

      anthea.lagrange - 2012-12-12 16:38

      Or the Emergency Room...

      xoli.xuma - 2012-12-13 11:30

      You wont get it that night man,

  • ulandi.potgieter - 2012-12-12 11:49

    But who in gods name gives such money away like that these days gee whizz I think he was not thinking he will have to kiss that money goodbye forever.

      andre.vanderwesthuizen.96 - 2012-12-13 11:39

      Well our friend big boss of shoprite,checkers carry 7 million with him in a suitcase on a plane.These guys have more than enough too lose.

      ria.wilson - 2012-12-13 13:04

      He probably thought he would make good bucks on the deals.

      ulandi.potgieter - 2012-12-13 13:06

      ok but he's not building he's the big boss for Shoprite Checkers.

  • majaheni.magagula - 2012-12-12 11:55

    Unbelievable, I think it was ignorance of the law

  • phaldiemeyer - 2012-12-12 11:55

    how do you stop that annoying friend or family member from visiting too often?...lend them some money!

      napolita.kio - 2012-12-12 13:55

      I bet you have not had an audacious friend or family member.

      phaldiemeyer - 2012-12-12 14:33

      @napolita: i have but I have the sense not to lend them money and if they do need money and I can afford it...i give it to them.

      german.mazokera - 2012-12-13 02:40

      It works

      german.mazokera - 2012-12-13 02:40

      It works

  • phaldiemeyer - 2012-12-12 12:10

    everybody's asking why???? was he's greed...that made him give the money...thouhgt he'd making a killing without lifting a finger. old age saying...if something seems too good to be true, that's exacly what it is...too good to be true!!!

  • anthea.lagrange - 2012-12-12 12:10

    First lesson in business: if you lend people money or give them credit, be prepared to write it off. If banks battle to recoup money from loans , you don't stand a snowball's chance in hell of getting your money back. Lawsuits don't help either, the only ones who gain anything from it are the lawyers.Nobody goes into business intending to lose money, but if they fail , their cashflow problem becomes your cashflow problem. Bottom line: just don't do it. Especially family & friends.

      jimi.hendrikse - 2012-12-12 12:41

      Could not agree more. If you lend money to someone, especially friends and relatives, the banks have probably given them a flat hand already. If you do not want to write it off, DONT DO IT!!

      konstabel.koekemoer - 2012-12-14 14:23

      So true, when you loan money to friend and family you got to see it as a donation, and if you're lucky they will donate it back to you.

  • flynn.govender - 2012-12-12 12:17

    Fillippus Opperman invested his money with Jacobus Boonzaaier because Jocobus had to pay that money with interest. No one is going to lend someone that kind of money - Fillippus saw an opportunity to make money and he tried his luck

  • madala.buster - 2012-12-12 12:25


  • Azwihangwisi - 2012-12-12 13:23

    yoyoyo Rolce roys an aston martin being deliverd to booizainer

  • clement.s.gwala - 2012-12-12 13:42

    Someone give that man (Boonzaaier) a Bells!!! even though he can afford it.

      rodney.louis.7 - 2012-12-12 15:27

      Being "Boonzaaired" will soon become a good catch phrase .. lmao

      thabob.zumagabe - 2012-12-12 15:48

      more like being boo-naaied

  • andrew.selous - 2012-12-12 14:22

    damn....this boonzaiar guy is a smooth opper.ator man!

  • skmc01 - 2012-12-12 14:57

    Considering Opperman is short of a mate now and I'm always looking for new he on FB so I can Friend him......the silly twat!

  • aubry.khumalo - 2012-12-12 14:59

    Thats what friends are for

  • Bertverlinde - 2012-12-12 15:13

    If you're having a bad day, just read this article. It can always be worse!

  • alfie.dunn - 2012-12-12 15:29

    Sorry Dudes....It's illegal to lend money, even to friends. So pass on by...and ask your Bank Manager for a loan. You don't wannna become bad friends, do ya?

  • almeleh - 2012-12-12 15:47

    What did Shakespeare say? "Neither a lender nor a borrower be"

  • elkita.robbertse.96 - 2012-12-12 16:13

    I just thought your friend's name was (SUMA).

  • rohin.jadin - 2012-12-12 16:43

    never borrow money from friends. EVER.

      ria.wilson - 2012-12-13 13:05

      Or lend to

  • dalai.rama.9 - 2012-12-12 16:54

    Charles Ponzieer somewhat the names rhymes with the inventor of the world famous ponzi schemes. If you give money to someone with such a surname you are asking for trouble.

  • nelson.casquilho - 2012-12-12 17:00

    Old saying give a cash customer credit and you lose the customer....

  • Kovsie1980 - 2012-12-12 17:24

    Boonzaaier should have been castrated, not sequestrated !

  • collins.makgopa - 2012-12-12 17:33

    7Million down de man is sequestrated..iyaaaa

  • rob.tubbs.39 - 2012-12-12 18:07

    'Jimmy' You should know by now that you 'never' lend family or friends money... Suffer 'baby'.... suffer...

  • simon.mwando - 2012-12-12 19:03

    Fillipus 0pperman! Friend request send!

  • Bob - 2012-12-12 20:15

    LOL... he learned one of the most important rules in life the hard way: never trust anyone, even your friends and family. It's human nature to screw over anyone else for one's own benefit so you've always got to be extra careful.

  • Malose-Nyatlo - 2012-12-12 20:24

    A pound of flesh...

  • paul.chick.501 - 2012-12-12 20:44

    Even the very best of friends will steal your money. I had blind faith and got taken for the the ride of my life. Moral of the story never lend anyone money friends or not

  • maylani.bezuidenhout - 2012-12-13 09:28

    I believe in the saying to 'never lend more money than you can afford to give away, except in times of illness. That way friendships should stay intact. This was a high-risk investment!

  • herman.bester.58 - 2012-12-13 10:29

    Fools and their money...

  • mdu.s.khumalo - 2012-12-13 11:24

    Tjo! !

  • xoli.xuma - 2012-12-13 11:27

    Remember Shaik lent Zuma money. zuma should have refused to pay it back.

  • Bokrichard - 2012-12-13 11:33

    Mafia - where are yoy guys. I need you to take care of my friend. He sowed my beans hehehehe. R7,000,000 worth.

  • ralph.zieg - 2012-12-13 12:35

    @RPhiri. The T-shirts have to be oversized so that, i) they don't waste more of our money and thus have a one-size-fits-all approach. Not only is it cheaper but it requires less thought, not one of their strong points anyway, and ii) the one size thus chosen has to fit the majority of the fat puddings in government and their cohorts like Khulubuse, who ate all the pudding!!!