NATCOM TAKES ONTIME, DIRECTOR TO COURT

MBABANE – National Commissioner of Police William Wayne Dlamini, has taken Sukke Ontime Investments (PTY) Limited and its director Machawe Gama to court.

He wants the court to direct the company and its director to refund him a sum of E14 375 he allegedly invested into Sukke Ontime Investments (PTY) Limited.
Dlamini has instituted the legal proceedings against the company in his personal capacity.

In his particulars of claim, Dlamini submitted that Sukke Ontime Investments (PTY) Limited was running a buy-to-lease photocopying business system.
He alleged that the business system ensured that customers got returns of their capital investment within two years and be able to make 100 per cent thereon.
According to the plaintiff (Dlamini), the representations were that the photocopy machines were new or second-hand, however, were to be leased to schools and companies within the country that paid rental fees.

He averred that Gama allegedly made representations that the photocopier investors were to purchase second-hand machines or new ones for cash and leave them for lease.

Allegations

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendants are yet to file their papers in the event they are disputing the claim against them.

The defendants (Sukke Ontime Investments (PTY) Limited and Gama), according to Dlamini, would allegedly acquire the customer and accordingly receive a monthly instalment of return immediately the copier was hired.

The national commissioner of police said the representations made him to believe in the business idea, particularly the personal assurance by Gama.
“The second defendant (Gama) is personally liable for damages that occurred through misrepresentations that are unlawful and in contra boni mores made knowingly negligently or recklessly,” contended
Boni mores is a term broadly denoting good public policy or proper moral sentiment.

Unlawfully

Dlamini averred that the defendants acted unlawfully and/or contra bonis mores in its modern guise to represent a business model that was allegedly against the law even though presented to be lawful.

He further told the court that the defendants allegedly knowingly entered into a disguised contract knowing that it would be impossible to perform its terms.
According to the plaintiff, Sukke Ontime Investments (PTY) Limited was announced by the Central Bank of Eswatini to be illegally running a pyramid scheme therefore closed down by the financial regulator.

“None of the benefits that were promises by Sukke Ontime Investments (PTY) Limited were obtained by the plaintiff, including the photocopier that was purchased for leasing out,” he argued.

Failed

Dlamini further pointed out that the company cancelled the agreement between the parties as a result of its closure by the financial regulator and allegedly failed to return the photocopier or value thereof.

“The misrepresentations of the second defendant (Gama) were malicious and pursued a course or agreement that was unenforceable,” he argued.
The national commissioner of police contended that he was not part of the illegality.

The matter is still pending in court and appearing for Dlamini is Mlungisi Simelane of M.C Simelane Attorneys in Mbabane.
Meanwhile, about 120 investors also issued summons demanding the monies they allegedly invested in the company on the promise that they would receive monthly returns for their investments.

Refund

All the applicants (investors) want the company to refund them their investments.
They also prayed that the court freeze the company’s bank accounts held with EswatiniBank, First National Bank, Mbabane Branch, and to attach properties belonging to the managing director of the company, Gift Gama.

The 120 investors, who come from various sectors of society, allegedly invested a total of about E5 200 000.
In their summons, the investors submitted that they allegedly concluded written agreements with On Time Investments, which was represented by its managing director.

They alleged that the agreement was that they would pump in money in the company for the purchase of photocopiers to rent to the company and at the end of each month, be paid a certain amount, depending on their investment.

This would, as per their agreements, be for the duration of the contracts which were to run up to four or five years, depending on the agreement one signed.
Talent Simelane is one of the investors whose investment was expected to make returns amounting to E2 419 200. He allegedly invested a sum of E144 000 in the company.

Nosizo Dludlu allegedly invested E201 250 and was to be paid E17 500 per month. She alleged that she was entitled to E840 000 over the duration of her contract.

Benefit

Bhekumusa Mangwe allegedly invested E171 000 and purchased 12 photocopiers. In terms of his contract, he was entitled to 48 months’ pay benefit of E15 000 per month, culminating to E720 000 for the duration of his contract.

On the other hand, Beauty Malaza allegedly invested an amount of E115 000 for the purchase of four photocopiers. In terms of her contract, she was allegedly entitled to E7 250 per month, culminating to E348 000 for her contract.

Elias Lukhele allegedly bought four photocopying machines valued at E100 800 to rent to the company.  At the end of her contract, she would have received a sum of E420 000 in total, paid in amounts of E8 750. Others are Sifiso Oswin and Zanele Nxumalo, who both allegedly invested E86 250.

The latest group of aggrieved investors is a total of 113 individuals who also approached the court seeking to intervene and be joined in the application to attach immovable and movable assets belonging to the director of the company.

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