
Picture: The Chairperson of North West Provincial Legislature’s Portfolio Committee on Public Works and Roads, Community Safety and Transport Management, Mmoloki Cwaile
By OBAKENG MAJE
The North West Provincial Government (NWPG) seeks to raise R500 million and inject it into the North West Transport Investment (NTI). According to the Office of the Premier, this money will assist in paying both the salaries of employees and creditors.
This was said during a joint meeting that both North West Provincial Legislature’s Portfolio Committees held with the Office of the Premier, Provincial Treasury, and the Department of Community Safety and Transport Management on Tuesday to register progress on the status of the NTI.
The Chairperson of North West Provincial Legislature’s Portfolio Committee on Public Works and Roads, Community Safety and Transport Management, Mmoloki Cwaile together with the Chairperson of Portfolio Committee on Premier and Finance, Aron Motswana, vehemently rejects the view of the Office of the Premier, North West Community Safety and Transport Management together with Provincial Treasury that the appointment of the Business Rescue Practitioner (BRP), Thomas Samson was approved by government.
Cwaile said the committee’s posture on NTI remains unchanged and will continue to rally support behind the North West Community Safety and Transport Management to litigate against BRP and ensure his swift removal. He said they also noted the appointment of the new legal team, which is working on a review of the litigation work already done and actively intended to challenge the appointment of the BRP and seek to interdict and restrain him.
“We have resolved that, the Provincial Treasury should conduct an internal audit on NTI Group and investigate and validate amounts claimed to be owed to creditors. We also support the decision of the provincial government to seek to make budget adjustments to find a reasonable amount of funds to inject into NTI Group for salaries of workers and payments of the creditors.
“The BRP has deteriorated the financial health of the entity and we would like to express our disappointment in the provincial government’s delayed actions to redress and care about the plight of the workers with one of the workers committing suicide due to the frustrations of non-payment,” he said.
However, Cwaile said they appreciate the fact that the provincial government has resolved to rescue the NTI Group. He further said, they also noted and appreciated the active intention to remove the BRP who was irregularly appointed and not able to add any positive impetus to the desire to rescue the entity.
“We noted that no due processes were followed in the appointment of the BRP which was not done as per the resolve of the Executive Council (EXCO) nor through the board resolution. We sought to open a criminal case with the Department of Police for Criminal Investigations (DPCI) known as the Hawks.
“We do this for this reason and amongst others, on the criminal conduct of the BRP, which include flawing processes of supply chain and allegedly awarding tenders to his family members and erroneously disposing of assets of the entity,” said Cwaile.
He added that, they rejected a submission that the EXCO, who is the shareholder of NTI, that it had no role in the processes of business rescue given provisions stated in the Companies Act, 2008.
“The Companies Act, 2008, provides for shareholders as affected persons to enjoy consultative rights which cannot be treated perfunctorily or as just mere formality and that the shareholder has the right to participate in business rescue.
“They may reject the business rescue plan especially if it affects or alters rights associated with class of securities and may propose the development of an alternative plan to acquire interests of any or all creditors. The fulcrum of these rights remains that, shareholders are permitted to vote on the business rescue plan that seeks to change the rights associated with class of securities,” said Cwaile.
Meanwhile, Motswana requested the North West Community Safety and Transport Management and the NTI Group to avail all required records, reports, and documentation to the committee within 14 days to initiate investigations by the Special Investigative Unit (SIU) that would look into the mismanagement, and corruption and all acts of malfeasance at the NTI.
“We demand records of all processes followed on the appointment of the BRP and reject the view of abandoned lawyers who sought to help in retaining the BRP,” he said.






