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Reserve Bank orders Steinhoff to forfeit more than R6-billion to the State

Reserve Bank deputy governor Fundi Tshazibana flexes her financial muscles, declaring Steinhoff's R6-billion in the local accounts forfeit to the state, a move that not only leaves the company scrambling but also potentially throws a spanner in the works of their court case against the central bank.
Reserve Bank orders Steinhoff to forfeit more than R6-billion to the State Illustrative image: Former Steinhoff CEO Markus Jooste. (Photo: Brenton Geach / Gallo Images)

Reserve Bank deputy governor Fundi Tshazibana published three notices and orders of forfeiture in the Government Gazette on Friday, 19 July, informing the Steinhoff group of companies that “I hereby declare and order forfeit to the state” about R6-billion in seven local accounts. 

The Steinhoff funds must be paid over to the National Revenue Fund (NRF). The NRF is in effect the government purse, which collects all revenue (by the tax man), fines and donations.  

The notices and orders were served against SAHPL (Pty) Limited, known as Steinhoff Africa Holdings, SIHPL (Pty) Limited, known as Steinhoff International Holdings, and Ibex Investment Holdings Limited, which previously was Steinhoff Investment Holdings. 

Ibex is now the new Steinhoff. 

This is a major win for the central bank on at least two fronts. Not only are they broad-chested about the sum forfeited, but it seems the forfeiture notices may have scuppered an existing court case against the Reserve Bank. 

Late last year, Ibex/Steinhof initiated proceedings in the high court in Pretoria contesting the reserve bank’s freezing order of May 2023 which froze R5.5-billion in five local accounts. 

Scorpio wrote about how Steinhoff questionably did not declare this action in its annual financial statements 

Read more on Daily Maverick: SARB freezes billions in Steinhoff accounts — but you wouldn’t notice in company financial statements

This case is now generally viewed as mostly moot. Ibex/Steinhoff is expected to put up a huge fight to set aside Tshazibana’s decision but will probably be forced to file a new application.  

The Reserve Bank’s freezing order of May 2023 and this week’s forfeiture notices and orders come after a years-long investigation, codenamed Project Castle, confirmed the central bank’s suspicion that Steinhoff and its management led by Jooste probably breached a long list of exchange control regulations. 

Scorpio understands that about R600-billion was possibly moved offshore – possibly unlawfully in many instances.

The Ibex/Steinhoff accounts held the following funds and is now forfeited to the state:
* SAHPL:
Euro account at Standard Bank: Euro40,34-million;
FNB account: R311,3-million
FNB account: R223,2-million
* SIHPL: 
FNB account: R190,9-million
FNB account: R2,23-billion
FNB account: R2,25-billion
* Ibex Investment:
FNB account: R166,6-million
DM

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  "contents": "<p><span style=\"font-weight: 400;\">Reserve Bank deputy governor Fundi Tshazibana published <a href=\"https://www.scribd.com/document/751794383/Download-1\">three</a> <a href=\"https://www.scribd.com/document/751794720/Download\">notices</a> and <a href=\"https://www.scribd.com/document/751795348/Download-2\">orders</a> of forfeiture in the Government Gazette on Friday, 19 July, informing the Steinhoff group of companies that “I hereby declare and order forfeit to the state” about R6-billion in seven local accounts. </span></p><p><span style=\"font-weight: 400;\">The Steinhoff funds must be paid over to the National Revenue Fund (NRF). The NRF is in effect the government purse, which collects all revenue (by the tax man), fines and donations.  </span></p><p><span style=\"font-weight: 400;\">The notices and orders were served against SAHPL (Pty) Limited, known as Steinhoff Africa Holdings, SIHPL (Pty) Limited, known as Steinhoff International Holdings, and Ibex Investment Holdings Limited, which previously was Steinhoff Investment Holdings. </span></p><p><span style=\"font-weight: 400;\">Ibex is now the new Steinhoff. </span></p><p><span style=\"font-weight: 400;\">This is a major win for the central bank on at least two fronts. Not only are they broad-chested about the sum forfeited, but it seems the forfeiture notices may have scuppered an existing court case against the Reserve Bank. </span></p><p><span style=\"font-weight: 400;\">Late last year, Ibex/Steinhof initiated proceedings in the high court in Pretoria contesting the reserve bank’s freezing order of May 2023 which froze R5.5-billion in five local accounts. </span></p><p><span style=\"font-weight: 400;\">Scorpio wrote about how Steinhoff questionably did not declare this action in its annual financial statements </span></p><p><b>Read more on Daily Maverick:</b> <a href=\"https://www.dailymaverick.co.za/article/2023-07-05-reserve-bank-freezes-steinhoff-accounts/\"><span style=\"font-weight: 400;\">SARB freezes billions in Steinhoff accounts — but you wouldn’t notice in company financial statements</span></a></p><p><span style=\"font-weight: 400;\">This case is now generally viewed as mostly moot. Ibex/Steinhoff is expected to put up a huge fight to set aside Tshazibana’s decision but will probably be forced to file a new application.  </span></p><p><span style=\"font-weight: 400;\">The Reserve Bank’s freezing order of May 2023 and this week’s forfeiture notices and orders come after a years-long investigation, codenamed Project Castle, confirmed the central bank’s suspicion that Steinhoff and its management led by Jooste probably breached a long list of exchange control regulations. </span></p><p><span style=\"font-weight: 400;\">Scorpio understands that about R600-billion was possibly moved offshore – possibly unlawfully in many instances.</span></p><div><strong>The Ibex/Steinhoff accounts held the following funds and is now forfeited to the state:</strong></div><div></div><div><strong>* SAHPL: </strong></div><div>Euro account at Standard Bank: Euro40,34-million;</div><div>FNB account: R311,3-million</div><div>FNB account: R223,2-million</div><div></div><div><strong>* SIHPL: </strong></div><div>FNB account: R190,9-million</div><div>FNB account: R2,23-billion</div><div>FNB account: R2,25-billion</div><div></div><div><strong>* Ibex Investment:</strong></div><div>FNB account: R166,6-million</div><div></div><div><span style=\"font-weight: 400;\"><strong>DM</strong></span></div>",
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        "description": "&nbsp;\r\n\r\nMarkus Jooste is a South African businessman who was the CEO of Steinhoff International from 2001 to 2017. He is alleged to have masterminded the company's widespread accounting fraud, which resulted in the collapse of its share price and the loss of billions of dollars in shareholder value. Jooste resigned from Steinhoff in December 2017 and when he fled South Africa.\r\n\r\nUnder Jooste's leadership, Steinhoff grew rapidly through a series of acquisitions. The company acquired a number of well-known brands, including Conforama, Poundland, and Mattress Firm. Steinhoff's share price soared and Jooste was hailed as a business genius.\r\n\r\nHowever, in 2017, it was revealed that Steinhoff had been engaged in widespread accounting fraud. The fraud involved a complex scheme of intercompany loans and asset transfers that were used to inflate the company's profits. Steinhoff also overstated its inventory levels and used aggressive accounting practices to make its financial statements look more favourable.\r\n\r\nThe fraud wiped out billions of dollars in shareholder value and left thousands of investors out of pocket. Jooste resigned from Steinhoff in December 2017 and has since fled South Africa.\r\n\r\nJooste is facing criminal charges in South Africa and Germany. He is also being investigated by the US Securities and Exchange Commission. It is unclear whether he will ever be brought to justice.",
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  "introduction": "<ul><li>Reserve Bank deputy governor Fundi Tshazibana orders forfeiture of R6-billion from Steinhoff group in Government Gazette notices.</li><li>Funds to be paid to National Revenue Fund, government's financial hub for revenue collection.</li><li>Notices served against Steinhoff Africa Holdings, Steinhoff International Holdings, and new entity Ibex Investment Holdings.</li><li>Central bank's actions likely to impact court case against Reserve Bank, linked to suspected exchange control breaches by Steinhoff.</li></ul>",
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Comments (10)

William Dryden Jul 20, 2024, 10:15 AM

If Steinhoff unlawfully shifted R600billion off shore, then surely the banks could be complicit if the money moving off shore was not advised to the reserve bank, or am I wrong?

Rod MacLeod Jul 20, 2024, 10:35 AM

Neither SARS nor the SARB will take any precipitate action against the Guptas and their financial empire for one reason only - any chase down that rabbit hole, whichever tunnel they follow in that rabbit warren, will lead them to the nest eggs sitting in the Star Trust and Nkobi Holdings.

Colin Braude Jul 20, 2024, 01:17 PM

Quite. And while the Guptas are getting bail in an Indian court, the ANC-in-government is focusing on laying false charges at ICJ in a matter that does not concern SA.

mannian22 Jul 20, 2024, 11:45 AM

Well the anc can have a good party with lots to drink with all that money.

Lucifer's Consiglieri Jul 20, 2024, 03:36 PM

That R600-billion sounds like some pretty wild speculation. Can do better Scorpio.

Lucifer's Consiglieri Jul 20, 2024, 03:36 PM

That R600-billion sounds like some pretty wild speculation. Can do better Scorpio.

dewaomuhle Jul 20, 2024, 07:21 PM

How does someone move all that money without being detected ,was the bank complicity?

Yvette Von Faber Jul 21, 2024, 11:52 AM

What I want to know will these funds be paid back to all of the victims that lost all of their money ??

lesley.young1945 Jul 21, 2024, 12:54 PM

Has the Reserve Bank actually received these funds or is it just a wish list?

stuart.woodhead Jul 21, 2024, 01:05 PM

How do people get to R600billion when it is stated that the amount is R6billion. A massive difference but nevertheless a huge amount!

Nick Griffon Jul 22, 2024, 04:40 PM

How do you move R600 billion offshore through the banking system without red flags being raised? The banks are also guilty here.