By Genevieve Quintal for Business Live
The VBS Mutual Bank is “hopelessly insolvent” and should be wound up as the purpose and object of the bank no longer exists.
This is according to the Reserve Bank’s Prudential Authority’s application to the high court in Pretoria.
The bank was placed under curatorship in March after looting by executives led to a liquidity crisis. A damning Reserve Bank report by advocate Terry Motau and Werksmans Attorneys, released earlier in October, detailed looting at VBS bank of nearly R2bn and identified the role of political players from the ANC and the EFF.
In an affidavit to the high court, Prudential AuthorityCEO Kuben Naidoo said the bank was hopelessly insolvent.
“Despite the efforts of the curator, the vortex of the black hole created by the role-players named in the investigator’s report, has resulted in the disappearance of VBS’s substratum and it being objectively impossible for VBS to achieve the purpose of its existence,” he said.
This decision will not sit well with various ANC MPs and those from the EFF who have called for the bank to be recapitalised.
During his maiden medium-term budget policy statement (MTBPS) last week, finance minister Tito Mboweni also indicated that the embattled bank could be saved. But Naidoo said the restatement of the 2017 financial statements, which were falsified and signed off by KPMG partner Sipho Malaba, was a monumental task for the curator, Anoosh Rooplal, to reconstruct the VBS balance sheet.
The results of this indicated that VBS’s liabilities exceed its assets and therefore it was “factually insolvent”. Naidoo said there was no possibility that VBS would be in a position to pay its debts and there was no possibility or prospect of the bank becoming a successful concern.
Rooplal also determined that curatorship was no longer viable for VBS.
It was necessary to bring an end to the curatorship as it would enable a liquidator to utilise the mechanisms provided by the insolvency and company law legislation, to recover monies from recipients in terms of void and impeachable transactions.
Naidoo said that after receiving a letter from the curator and after considering the investigator’s report he, in consultation with the governors of the Reserve Bank, determined that VBS must be placed in final winding up. “VBS is hopelessly insolvent and massive frauds have been perpetrated against it. There is no prospect of entering into any resolution plan in respect of VBS.”
The present activities relating to VBS are primarily directed at recoveries resulting from the thefts and frauds addressed in the Motau’s report, he said, adding that in the circumstances, it would not serve any purpose to grant a provisional winding-down order, as the conclusion of the “hopeless financial position” and the conduct of those who managed VBS, was unavoidable
He has asked the court to hear the urgent application to finally liquidate VBS on November 13, and has also asked the high court to appoint Rooplal as the liquidator as he has been inextricably involved in the affairs of VBS for the past seven months.