The trustees of Brett Kebble's estate are going to court to try and reclaim a R250,000 donation the slain mining magnate made to the ANC, City Press reported on Sunday.
According to the claim, to be heard in the High Court in Johannesburg on Friday, Kebble paid the African National Congress the money on April 30, 2004 “at or near Cape Town”.
The trustees argue that no value was received in return for the money, and can thus be reclaimed. The ANC however argues in its court papers that “Kebble obtained the benefit of access to political decision makers and lawmakers that would be beneficial to him both directly and indirectly by virtue of its benefits to the companies in which he had an interest”.
The money further enabled Kebble “to promote for his benefit and that of those companies in which he had an interest conditions more favourable for the conduct of his business and those of the companies in which he had an interest”.
The ANC further argues that if Kebble paid the money, his assets exceeded his liabilities immediately after the transaction. According to the Insolvency Act, donations cannot be made if liabilities exceed assets.
Kebble was shot dead in September 2005, in an “assisted suicide” carried out by self-confessed hitmen Mikey Schultz, Faizel Smith and Nigel McGurk. - Sapa