Report 73 Business Practices Committee

11. The 23Feb99 Documents

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The first of the 23Feb99 documents contained four annexures. The first annexure was a copy of a letter inviting investors to a meeting of "interested parties" on 23 January 1999. The agenda for the meeting was: "Opening and background, discussion of future options and general and conclusion". Atached to the agenda was a page long "declaration" by VdDussen. In this declaration he inter alia stated that he:

a)was not informed by the Committee who the complainants were,
b)always gave his cooperation to the Committee because he had nothing to hide and, lastly,
c)would carry on doing what he did for the past two decades knowing that the truth will triumph before an "Eternal Judge".

 

VdDussen was informed about the identity of one of the complainants at the first meeting with officials on 30 September 1998. He did give his cooperation during the investigtion in the sense that documents promised by him always arrived on time. It was, however, extremely difficult to obtain information from him during discussions. It had already been stated that he tended to digress. He was also tedious. This is evident from the quotes in these notes.

 

The second annexure was a copy of the invitation to participate in the consortiums. The purpose of the consortium was (quoted and translated from the Afrikaans):

 

"Because their is much interest, domestic and from abroad, in the utilisation of the concepts that have been developed, there is now an opportunity to an independent posisitioning re the utilisation of these concepts".

 

A stated advantage of the consortiums was that capital invested would be repaid before or on 31 March 1999 with a return of 50 per cent. However, it was also stated that the consortium was a "risk capital" consortium and that no guarantees could be given.

 

The third annexure contained a list of the "actual" amounts invested. It now appeared that the investors invested R7 968 526.21. This amount was not verified by the officials. The fourth annexure contained the names and addresses of the investors.

 

The second of the 23Feb99 documents was submitted by VdDussen in response to a request from an official that the Committee be supplied with particulars of the model/processes/concepts/system, whether it was available on hard copy or electronically. In the covering letter to this document VdDussen inter alia wrote (directly translated from the Afrikaans):

 

"With regard to the information that you require from me it would seem that you want to reduce the expression and exposition thereof to "a little software" on a "stiffy". The definition and implementation of that which had been developed over the years was, and is, indissolubly linked to myself until such time a structured transfer of knowlegde/skill have taken place and this was never presented as something else. It is a dynamic and not a static process and any marketing name or model name that was used from time to time, or that will be used, do not represent an alternative to the whole process".(23)

 

The document contained a number of annexures, but the model/process/concepts/system was not formulated as such. Annexure "A" of this document had as heading "Finlogic Network (Pty) Ltd. The shareholders were given as "Development funders shareblock, Directors/Key personal (sic) shareblock and strategic partnership shareblock". The opening paragraph read:

 

"To create, operate and own a niche bank and other financial product providers through the utilisation of a business opportunity to re-engineer the distribution channel for financial services and products to a selected low risk middle income financial services group of consumers".

 

The funding schedule mentioned a JSE listing and a "... final banking formation with foreign banking group (R300 million) by 1 June 2000". The "Projected Pro Forma Financial Statements" reflected an interest income of R143 315 000 in 2002 and a retained income of R34 278 000.

 

23)Afrikaans: "Mbt die inligting wat u van my verlang wil dit voorkom of u die uitdrukking en uiteensetting daarvan wil reduseer tot "n bietjie sagteware" op 'n 'stiffy'. Dit wat deur die jare ontwikkel is, se definering en implementering was en is onlosmaaklik aan myself gekoppel tot tyd en wyl gestruktureerde kundigheidsoordrag plaasgevind het en is nooit anders voorgehou nie. Dit is 'n dinamiese en nie 'n statiese proses nie en enige bemarking- of modelnaam wat van tyd tot tyd gebruik is of sal word stel nie 'n alternatief tot die gehele proses daar nie.