A 2015 Bentley Continental GT sold for almost R3.7 million and previously owned by a suspect in the R255m asbestos corruption case is now the subject of a fierce legal battle between a Sandton luxury vehicle dealer and a financial institution.
The vehicle was sold to businessman Sello Joseph Radebe, accused number seven in the case, and is being charged along with seventeen individuals and companies, including former ANC secretary-general Ace Magashule, his former personal assistant Moroadi Cholota and controversial businessman Edwin Sodi, over the lucrative contract to replace asbestos roofs on houses in the Free State province.
Grandeur Auto, described as Sandton’s trusted luxury and sports car dealer, bought the Bentley for R1.6 million.
This was after Radebe failed to pay monthly instalments, with arrears rising to approximately R180,000 by March 2020, meaning the entire outstanding debt under the installment sale agreement was just over R2.48 million.
Radebe purchased the vehicle, financed by Wesbank, in August 2015 for R3,667,434.74.
It is around this time that Radebe and some of his co-accused were arrested by the Hawks in connection with the Free State asbestos fraud, corruption and money laundering scandal, and one of his companies, Mastertrade 232, is alleged to have received almost R36.5 million of the proceeds of fraudulent criminal activity.
Radebe and his co-accused are currently out on bail and their criminal proceedings are pending at the High Court in Bloemfontein.
Mastertrade 232, represented by Radebe, is listed as suspect number eight.
Following the arrests, the National Prosecuting Authority (NPA) obtained an order from the Free State High Court to secure and seize the vehicle and to curator boni to take possession of it and keep it pending the outcome of the criminal proceedings and asset confiscation proceedings.
During the separate court proceedings, Wesbank struggled to locate the Bentley and subsequently contacted the Hawks, who informed the financial institution that the NPA had obtained a warrant to seize and seize the vehicle.
In November 2024, the sheriff acted on the orders of the curator bonis’ instructions and with the assistance of the Hawks and the SA Police Service, the vehicle was seized and secured at Grandeur Auto’s address and handed over to a legal and debt collection agency on Wesbank’s behalf.
In court, Grandeur Auto said the court order against Radebe authorizing the repossession of the vehicle was obtained by Wesbank in May 2021, but allowed it to be in the public domain until November 2024, one of the consequences of which was the dealer purchasing the Bentley for R1.6 million.
The dealer maintained that Wesbank did not own the vehicle and that she had acquired title to it and therefore had the right to claim the vehicle from the bank.
“In any event, the disposition of the vehicle by the respondent (Wesbank) was unlawful and even if the appellant (Grandeur Auto) was not the owner, which is alleged to be the case, the vehicle has been stolen (wrongfully deprived of ownership).
“The cause of action is based on both a rei justification (recovery of the property to the owner) on the grounds that the applicant is the owner of the vehicle. It is also based on plunder on the grounds that the invalid execution order was executed and the defendant obtained the vehicle in that manner,” Grandeur Auto argued.
Judge Mandlenkosi Motha rejected Grandeur Auto’s bid to return the Bentley.
“In my opinion, the application should be rejected. Although Grandeur Auto is treading on thin ice, I am not inclined to express my disapproval of the applicant’s conduct by imposing attorney and client costs,” the judge ruled last Wednesday, June 10.
Judge Motha continued: “Wesbank lost the property through negligence, the argument went. This assertion was contrary to the junior counsel’s concession that the ownership was disputed. The absence of ownership is fatal to any application for rei justification.”
Grandeur Auto’s legal representatives, Larry Marks Attorneys, have indicated that an application has already been filed to appeal Judge Motha’s ruling.
Loyiso Sidimba
iol.co.za