Phuma Paul Phume! orders court

10 April 2019 - 09:52
Image: 123RF/stockstudio44

Two businessmen have obtained an interim court order to prevent former Mr South Africa-turned businessman Paul Phume and Joburg businessman Kiala Landry Meya from becoming board members of a R150m revenue per annum mining company, Renlyn Mining Services (RMS).

Businessman Lyborn Mashava and Namibian legal eagle Afrika Jantjies also obtained an urgent interim interdict to restrain Phume, Meya and other board member, Alwyn Johannes Petrus Steenkamp Snr, from implementing a resolution to remove them from RMS as board directors or shareholders.

They also obtained an order to stop the board changing signatories of the company's FNB and Absa bank accounts.

They also obtained an order to stop the board from revoking or altering resolutions taken on January 21 2019 which granted Mashava and Jantjies unrestricted access to the company's bank accounts and to be appointed as equal and joint signatories of both bank account with Steenkamp Snr.

In the papers filed in the South Gauteng High Court in Joburg recently, Mashava, a qualified civil engineer, said Phume and Meya's appointment was irregular.

"The appointment of Phume and Meya has taken place without any involvement of Jantjies or I at shareholder level or at director level," read the papers.

Mashava said Steenkamp Snr approached him in June 2017 to be his partner to broaden the company's BEE status as demanded by mining giant Anglo, which contracted the company for certain services. In July 2017 he was appointed a director of Akata Integrated Mining Solution (Aims), an associate company of RMS.

"Despite my ultimate level of control, Steenkamp has until recently been in actual total control of the bank account of RMS. Using this control, he has engaged in numerous suspicious transactions, particularly the repayment of supposed loan accounts to trust and entities controlled by or related to him without there being any apparent justification for such payment," read the papers.

Mashava and Jantjies' lawyer Kevin Van Huyssteen said the respondents agreed to adhere to the conditions of the order. But the court said Mashava and Jantjies must institute legal proceedings within 30 days otherwise the interim order shall lapse and be of no force.

Phume and Ndumiso Luthuli, who represents the respondents, did not respond to messages sent to them.