HARARE – Business tycoon John Arnold Bredenkamp’s private jet is set to be auctioned off over a US$205,000 debt after his efforts to prevent the public sale by the Sheriff of the High Court hit a legal snag.
Bredenkamp had claimed in court that the jet was owned by Longhorn Limited of the United States, but Judge President George Chiweshe said he was not convinced.
It was presented in court that Bredenkamp borrowed US$3,8 million from businessman, Yaqub Mahomed, for the purposes of recapitalising his mining business in the Democratic Republic of Congo (DRC) but eventually failed to pay the debt in full.
His failure to settle the debt resulted in a protracted legal battle for which judgment was eventually entered in favour of Mahomed in the sum of US$205,602.
“On a balance of probabilities all indications point in one direction, that the judgment debtor (Bredenkamp) is the owner of the aircraft. In his attempt to evade execution in satisfaction of a judgment of this court, the judgment debtor has colluded with the claimant (Longhorn Limited) to file a non-existent claim. In fact, as the claimant is not the owner there is no valid claim before this court,” Justice Chiweshe said.
“I agree with the judgment creditor (Mahomed) that an order for cost on the higher scale is justified in this case.”
Mahomed sued the business tycoon for violating the 2012 agreement made in the presence of former Prosecutor-General Mr Johannes Tomana and both parties’ legal representatives to pay the debt. Bredenkamp promised to settle the debt by February 2013.
Bredenkamp argued that he did not borrow the money personally but he did so on behalf of a company called KMC which was operating in the DRC at the time. He argued that at the meeting convened by Tomana, no personal liability to pay the money was assumed.
He added that he only undertook to pay the money because he felt morally obliged to do so.
Justice Priscilla Chigumba, who found in favour of Mahomed before Bredenkamp appealed, described Bredenkamp as a “bad witness”.
