Rubicon vs Etienne J Naude by BoxCloud

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No: 90769/18 In the matter between: RUBICON GROUP (PTY) LTD

Applicant

and ETIENNE JACQUES NAUDE (Business Rescue Practitioner of Second Respondent)

First Respondent

LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD BONITAS MEDICAL FUND SOUTH AFRICAN REVENUE SERVICES

Second Respondent Third Respondent Fourth Respondent

DENOSA

Fifth Respondent

MASTER OF THE HIGH COURT

Sixth Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION THE CREDITORS OF THE SECOND RESPONDENT HOSPERSA

Seventh Respondent Eighth Respondent Ninth Respondent

Index Item

Description

Page

Practice Note of First and Second Respondent

326

Notice in terms of Rule 7(1)

334

Notice in terms of Rule 47(1)

340

Filing Notice

344

First

and

Second

Respondentâ&#x20AC;&#x2122;s

Counter 349

Application 6

Filing Notice

356

Answering Affidavit

361

AA1

435

AA2

476

AA11

546

AA12

559

AA13

561

AA14

562

AA15

565

AA16

568

AA17

571

AA18

574

AA19

576

AA20

580

AA21

583

AA22

584

AA23

586

AA24

587

AA25

589

AA26

592

AA27

606

AA28

615

AA3

617

AA4

925

AA5

936

AA6

988

AA7

992

AA8

1101

AA9

1117

AA10

1143

Filing Notice

1438

Replying Affidavit

1442

Annexure A1

CIPC Certificate of Second Respondent

1485

Annexure B1

Supplementary Affidavit – Yaseera Amod

1500

Annexure C1

CIPC Certificate of Applicant

1527

Annexure D1

Letter by Applicant’s Attorney dated 03 October 1534 2018

Annexure E1

Letter

Applicant’s

Attorney

dated

23 1535

November 2018 Affidavit

Opposing Affidavit by Applicant’s Attorney

1537

Annexure A2

Authorising Resolution of Applicant

1546

Annexure B2

CIPC Certificate of Applicant

1549

THUS SIGNED AT JOHANNESBURG ON THIS 7th DAY OF JANUARY 2019.

_______________________

MANONG PILANE MOKOTEDI INC. Applicantâ&#x20AC;&#x2122;s Attorneys 164 Katherine Drive Pinmill Farm, Bock G, Ground Floor Sandown, Sandton Tel: 011 262 0113 Fax: 011 262 0439 Email: tm@mpmlawyers.co.za Ref: T Mokotedi/Rubicon C/O TSHAYAMASHABELA ATTORNEYS INC. Unit G 01 1064 Arcadia Street Hatfield Pretoria 0028 Tel: (012) 942 8710 Ref: T Mashabela/MPM Inc/Rubicon

AND TO :

THE REGISTRAR OF THE

ABOVE HONOURABLE COURT PRETORIA AND TO :

ETIENNE JACQUES NAUDE First Respondent 739 Blesbok Street Rietfontein Agricultural Holdings Moorkloof, Pretoria

AND TO :

LOUIS PASTEUR HOSPITAL HOLDING (PTY) LTD Second Respondent 8th Floor, Louis Pasteur Medical Centre Room 842 374 Francis Baard Street (Previously Schoeman Street) Pretoria Central, Pretoria

AND TO :

BONITAS MEDICAL AID Third Respondent Gildenhuys Malatji Attorneys GMI House Harlequins Office Park 164 Totius Street Groenkloof, Pretoria

AND TO :

SOUTH AFRICAN REVENUE SERVICES Fourth Respondent 299 Bronkhorst Street Nieuw Muckleneuk Pretoria Or attorney for Fourth Respondent

AND TO :

DENOSA Fifth Respondent 605 Bronkhorst Street Nieuw Muckleneuk Pretoria

AND TO :

THE MASTER OF THE HIGH COURT Sixth Respondent

316 Thabo Sehume and Francis Baard Streets, Pretoria Central Pretoria AND TO :

COMPANIES AND INTELLECTUAL PROPERTY COMMISSION Seventh Respondent D71 Campus, Block F 77 Meintjies Street Sunnyside, Pretoria

AND TO :

THE CREDITORS OF THE LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD Eighth Respondent by email

AND TO :

HOSPERSA Ninth Respondent Block C 242 Jean Avenue Centurion, Pretoria

1438

Filing Notice - Page 1 of 4

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No: 90769/18 In the matter between: RUBICON GROUP (PTY) LTD

Applicant

and ETIENNE JACQUES NAUDE (Business Rescue Practitioner of Second Respondent)

First Respondent

LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD

Second Respondent

BONITAS MEDICAL FUND SOUTH AFRICAN REVENUE SERVICES

Third Respondent Fourth Respondent

DENOSA

Fifth Respondent

MASTER OF THE HIGH COURT

Sixth Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION THE CREDITORS OF THE SECOND RESPONDENT HOSPERSA

Seventh Respondent Eighth Respondent Ninth Respondent

Filing Notice ________________________________________________________

1439

Filing Notice - Page 2 of 4

Documents to be filed : 1. Applicant’s Replying Affidavit 2. Opposing Affidavit by Applicant’s Attorney 3. Power of Attorney

Filed by: MANONG PILANE MOKOTEDI INC. Applicant’s Attorneys 164 Katherine Drive Pinmill Farm, Bock G, Ground Floor Sandown, Sandton Tel: 011 262 0113 Fax: 011 262 0439 Email: tm@mpmlawyers.co.za Ref: T Mokotedi/Rubicon C/O TSHAYAMASHABELA ATTORNEYS INC. Unit G 01 1064 Arcadia Street Hatfield Pretoria 0028 Tel: (012) 942 8710 Ref: T Mashabela/MPM Inc/Rubicon

AND TO :

THE REGISTRAR OF THE ABOVE HONOURABLE COURT PRETORIA

1440

Filing Notice - Page 3 of 4

AND TO :

ETIENNE JACQUES NAUDE First Respondent 739 Blesbok Street Rietfontein Agricultural Holdings Moorkloof, Pretoria

AND TO :

LOUIS PASTEUR HOSPITAL HOLDING (PTY) LTD Second Respondent 8th Floor, Louis Pasteur Medical Centre Room 842 374 Francis Baard Street (Previously Schoeman Street) Pretoria Central, Pretoria

AND TO :

BONITAS MEDICAL AID Third Respondent Gildenhuys Malatji Attorneys GMI House Harlequins Office Park 164 Totius Street Groenkloof, Pretoria

AND TO :

SOUTH AFRICAN REVENUE SERVICES Fourth Respondent 299 Bronkhorst Street Nieuw Muckleneuk Pretoria Or attorney for Fourth Respondent

AND TO :

DENOSA Fifth Respondent 605 Bronkhorst Street Nieuw Muckleneuk Pretoria

AND TO :

THE MASTER OF THE HIGH COURT Sixth Respondent 316 Thabo Sehume and Francis Baard Streets, Pretoria Central Pretoria

1441

Filing Notice - Page 4 of 4

AND TO :

COMPANIES AND INTELLECTUAL PROPERTY COMMISSION Seventh Respondent D71 Campus, Block F 77 Meintjies Street Sunnyside, Pretoria

AND TO :

THE CREDITORS OF THE LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD Eighth Respondent by email

AND TO :

HOSPERSA Ninth Respondent Block C 242 Jean Avenue Centurion, Pretoria

1442

Replying Affidavit - Page 1 of 43

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No: 90769/18 In the matter between: RUBICON GROUP (PTY) LTD

Applicant

and ETIENNE JACQUES NAUDE (Business Rescue Practitioner of Second Respondent)

First Respondent

LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD

Second Respondent

BONITAS MEDICAL FUND SOUTH AFRICAN REVENUE SERVICES

Third Respondent Fourth Respondent

DENOSA

Fifth Respondent

MASTER OF THE HIGH COURT

Sixth Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION THE CREDITORS OF THE SECOND RESPONDENT

Seventh Respondent Eighth Respondent

HOSPERSA Ninth Respondent ________________________________________________________ REPLYING AFFIDAVIT ________________________________________________________ I, the undersigned,

TENDANI MULIGWE,

1443

Replying Affidavit - Page 2 of 43

do hereby make oath and state as follows :

DEPONENT AND AUTHORITY

I am the deponent to the founding affidavit and am duly authorised to make this affidavit on behalf of the applicant.

The facts herein contained are within my own personal knowledge and belief, save where stated otherwise or appears different from the context hereof, and are to the best of my knowledge, both true and correct. I rely on information from others in respect of the history of the relationship between the applicant and the second respondent and will refer to supporting affidavits in that regard.

Where I make legal submissions, I do so on the advice of the Applicant’s legal representatives which I believe to be correct.

REPLY TO SECOND RESPONDENT’S ANSWERING AFFIDAVIT

The purpose of this affidavit is to provide a reply to various allegations set out in the first respondent’s answering affidavit. I do so under tremendous pressure as result of the spurious allegations of the first respondent and the huge volume of annexures attached by him that I could not properly study in the time available and where it is not clear always why the

1444

Replying Affidavit - Page 3 of 43

documents are attached and on which portions thereof the respondents intend to rely.

In the result I reserve the applicant’s right to supplement this affidavit.

The first respondent has no defence to the applicant’s case set out in the founding affidavit. The first respondent has resorted to making unsubstantited allegations unrelated to the issues raised in the applicant’s founding affidavit and supporting documents possibly in an attempt to obscure issues to be decided on by the above Honourable Court. In his own version the first respondent is entitled in law to perform investigations and reach conclusions on how to best rescue the second respondent. There is therefore no reason on the part of the second respondent to withhold results of investigations performed and on the contrary there exists an obligation on the first respondent to communicate decisions and actions taken by him to all the affected persons including the applicant through among others the published business rescue plan. In particular, the first respondent has failed to explain his persistent and unyielding conduct in attempting to secretly set up a competing pharmacy as will be fully set out in the paragraphs that follow. The first respondent’s conduct is inconsistent with that of a bona fide competent

1445

Replying Affidavit - Page 4 of 43

business rescue practitioner with the ability and objective of successfully rescuing the second respondent.

I will respond to the raft of allegations set out by the first respondent in summary to avoid unnecessarily longwinded statements in order to use the time of the above Honourable Court judiciously. The various allegations made by the first respondent and the volume of documents attached to his answering affidavit are in the main irrelevant to the dispute and do not address matters raised by the applicant. It appears that these are motivated by an attempt to delay the proceedings.

Ad Paragraph 9.1

The allegations contained in this paragraph are denied. The second respondent alleges that Dr Mohamed Adam (â&#x20AC;&#x153;Dr Adamâ&#x20AC;?) is the controlling mind behind inter alia the applicant. The applicant is managed and controlled by independant directors and employees. The allegation by the second respondent is a spurious one with no substantiation.

Ad Paragraph 9.4

The allegations contained in this paragraph are denied. The relevance of this allegation is not apparent. Frederik Herselman Lloyd was a director of the second respondent and is now in

1446

Replying Affidavit - Page 5 of 43

retirement having resigned from his position with the second respondent in 2010. The latest copy of the CIPC report on the second respondent indicating the resignation is attached as Annexure “A1”.

10.

Ad Paragraph 10

The allegations contained in this paragraph are denied. The statement by the second respondent is misleading. The following is a quote from paragraph 43 of the judgement where Jusctice Baqwa stated as follows: “The defendant called Dr Mohammed Adam who admitted under cross examination that at all material times he was “the controlling mind of the defendant”…”. The reference to defendant in this matter is to the second respondent. There is no reference to the applicant or any other company as suggested by the first respondent

11.

Ad Paragraph 17

The allegations contained in this paragraph are denied. The first respondent never conducted an investigation and considered the relationship between the applicant and LPHH as alleged. At no stage was there any mention of the investigation and its findings to the applicant and in the business rescue plans published by the first respondent. The latest business rescue

1447

Replying Affidavit - Page 6 of 43

plan is dated 19 November 2018. The first respondent had ample opportunity to incorporate the alleged investigation, its results and decision to set up an alternative pharmacy in the business rescue plan if his version that he had decided to terminate the relationship between the two parties during October 2018 already, is to be believed. I am advised that the first respondent wrote the letter to the applicant’s attorneys in order to manufacture a defence in these proceedings having become aware that they were imminent.

12.

Ad Paragraph 20, 21, 22 and 23

The allegations contained in these paragraphs are denied. The action instituted by the first respondent is frivolous and vexatious and has no prospects of success. The financial statements of the applicant and those of the second respondent attached to the founding affidavit as annexures “E” and “M” respectively indicate that the applicant paid an amount of rental to the second respondent. This amount was variable from year to year and could be used as a method of extracting profits from the applicant at the discretion of the second respondent. It should be borne in mind that the applicant was not formed for purposes of retaining profits as set out in the founding affidavit. Moreover the second respondent, as is practice, has an opportunity to extract profits from the applicant at the end of each financial

1448

Replying Affidavit - Page 7 of 43

year, at its discretion. It is therefore not necessary for a summons to be issued to achieve this bearing in mind that the second

respondent

performs

accounting

and

financial

administration for the applicant. The summons which was served on the applicant on 19 December 2018 was along with the letter from the first respondent of 14 December 2018 calculated

manufacture

defence

subsequent

proceedings. The first respondent has never at any stage demanded payment of rental from the applicant. I am advised that it is unusual for a summons claiming an amount to be issued without a letter or a form of demand on the debtor. The alleged claim and intended course of action is also not referred to in the business rescue plans. This conduct is inconsistent with that of a business rescue practitioner focused on turning around a company in financial distress. The sheer volume of wasteful litigation embarked upon by the second respondent alone casts serious doubt on his ability and prospects of rescuing the second respondent.

13.

Ad Paragraph 24 and 25

The allegations contained in these paragraphs are denied. As stated above, there is no evidence of any investigation performed by the first respondent. He himself concedes that the letter was written â&#x20AC;&#x153;On the basis of my investigations, and

1449

Replying Affidavit - Page 8 of 43

because of threats that had been made by the applicant that an urgent application will be brought over December 2018â&#x20AC;?. One cannot avoid the inescapable conclusion that had there been no threats of an urgent application, the letter and the summons would have never been issued by the first respondent. He had already failed to bring to the attention of the applicant and other affected parties the occurrence of the investigation and its results by the middle of December 2018 having communicated the intention to partner with a new pharmacy on 6 December 2018.

14.

Ad Paragraph 26, 27 and 28

The allegations contained in these paragraphs are denied. The applicant seeks payment of only amounts incurred post commencement of business rescue. These amounts are easily ascertainable from the online records kept by the second respondent and the first respondent is fully aware of this fact. Furthermore,

the

applicant

has

addressed

numerous

communication to the first respondent setting out the amounts payable to it. The amounts incurred prior to commencement of business rescue will be payable in accordance with an adopted business rescue plan.

15.

Ad Paragraph 29, 30, 31, 32, 33 and 34

1450

Replying Affidavit - Page 9 of 43

The allegations contained in these paragraphs are denied. The urgency for the applicant to approach the above Honourable Court was among others spurred on by the following factors:

Applicant only discovered on 7 December that the first respondent intended to set up a new pharmacy after which the applicant through its attorney wrote a letter to the first respondent inter alia giving him an opportunity to explain his actions and to provide a satisfactory undertaking to refrain from his conduct failing which the applicant would approach a court for appropriate relief. The applicant had not at this stage made any decision on whether it would proceed by way of an urgent application and there is no mention of an urgent application in the correspondence referred to above. On the same day, the applicant suspended, pending a disciplinary inquiry, Ms Van Rensburg who was its senior pharmacist responsible for its daily operations, for her refusal to follow orders from the management of the applicant to dispense non-emergency medical supplies to the second respondent upon receipt of consideration for such supplies. The first respondent

failed

provide

any

response

the

correspondence addressed to him by the applicantâ&#x20AC;&#x2122;s attorney and instead stepped up his efforts by diverting medical supplies intended for the applicant to an alternative location

1451

Replying Affidavit - Page 10 of 43

with the help of Ms Van Rensburg who had seemingly commenced employment with the second respondent by Monday 10 December 2018 following her suspension on Friday 7 December 2018. The applicant became aware of this the following week and on 12 December 2018 through its attorney addressed a letter to the first respondent requesting it to refrain from its actions failing which the applicant would approach a court on an urgent basis to obtain appropriate relief. The first respondent replied with a letter dated 14 December 2018 in which he for the first time mentioned that he had conducted an investigation and sought to intimidate the applicant from enforcing its rights. It had also come to the applicantâ&#x20AC;&#x2122;s attention that the first respondent was poaching its staff to join a planned new pharmacy and had used the payment of salaries to create instability for this purpose. In the face of all of this the applicant had no choice but to bring the matter before the above Hounourable Court for adjudication as it was facing staff exodus, lack of funds and enforcement action from its creditors. I am advised that the first respondent has in fact poached several of the staff members of the applicant four of whom have failed to report for duty as was expected on 2 January 2019 and have confirmed instructions from the first respondent to carry medical supplies to a location intended

1452

Replying Affidavit - Page 11 of 43

for a new pharmacy. A supplementary affidavit of Yaseera Amod confirming these events is attached marked Annexure “B1” The applicant informed the first respondent of its intention to approach the above honourable court in a letter dated 12 December 2018 and in a subsequent letter dated 14 December 2018. The first respondent was at all times aware of the impending application and was provided ample opportunity to prepare himself. Paragraph 4 of the letter dated 14 December 2014 reads as follows “Should you fail to provide a satisfactory undertaking to comply with the various requests by the close of business on Tuesday 18 December 2018, Rubicon will make an application to court to have your appointment as a business rescue practitioner set aside on an urgent basis and the costs of such action will be claimed against you on an attorney and client scale.”

Failure to pay applicant’s staff which occurred at the end of November 2018. Following this the applicant was uncertain whether the first respondent would pay the salaries for the month ending December 2018.

The applicant’s cash resources have gradually been eroded with the result that the applicant is not in position to meet its financial obligations. Grace periods in respect of letters of demand served on the applicant have gradually expired with

1453

Replying Affidavit - Page 12 of 43

the result that enforcement action becomes closer with the effluxion of time.

16.

Ad Paragraph 35.1

The allegations contained in this paragraph are denied. The applicant has set out in full the nature of its relationship with the second respondent as well its claims in the founding affidavit.

17.

Ad Paragraph 36 -43

The allegations contained in this paragraph are denied. The applicant and the second respondent had agreed on shared services for purposes of avoiding duplication of costs. The applicantâ&#x20AC;&#x2122;s main purpose is to provide pharmaceutical services with the second respondent taking care of the administrative aspects. The operations of the two entities are intertwined as the applicant was formed primarily to make medical supplies available to the second respondent. Any proposal for the applicant to be absorbed into the business of the second respondent are drastic and should be properly placed by the first respondent in the business rescue plan for consideration by the creditors of the second respondent. The first respondent has had ample opportunity, on his own version, to consider the relationship between the applicant and the second respondent

1454

Replying Affidavit - Page 13 of 43

and has failed to incorporate this suggestion into the business rescue plan. The submission by the first respondent in this regard, along with the volume of litigation he has embarked upon, is a classic indication of the disjointed nature and shotgun approach strategy in his attempts to rescue the second respondent.

18.

Ad Paragraph 44 -51

The allegations contained in this paragraph are denied. The applicant is not indebted to the second respondent as set out above. The applicant currently provides medical supplies to the second respondent and has done so since its formation. The applicant is strategic to the second respondentâ&#x20AC;&#x2122;s business and the success thereof as fully set out in the founding affidavit. It is common cause that the second respondent went into business rescue for reasons unrelated to its relationship with the applicant. The reasons for the second respondent filing for business rescue are set out in the business rescue plan dated 19 November 2018 at page 22 -23 paragraph 6.2. These are the fact that the two main shareholders of the second respondent have been involved in a dispute which has resulted in the financiers of the second respondent reducing overdraft facilities. There has never been a question of the applicant causing any harm to the second respondent to warrant a submission that it

1455

Replying Affidavit - Page 14 of 43

be wound up. The second respondent has no valid claim against the applicant. Any incorporation of the applicant into the second respondent in the absence of a careful analysis of the consequences would lead to a crisis in the procurement of medical supplies by the second respondent. Such change should be done orderly, by consensus and should form part of a business rescue plan. Litigation to obtain that purpose should clearly be a very last resort. Bullying tactics I submit have no place in this setup. Failure on the part of the first respondent to appreciate this once again underlines his lack of appreciation of the task, of rescuing the second respondent, placed before him.

19.

Ad Paragraph 52

19.1.

The allegations contained in this paragraph are denied.

19.2.

The first respondent rightly concedes that he and his management team are in possession of the financial records of the applicant. He also confirms his full awareness of the arrangement between the applicant and the second respondent. Second respondent is aware of all supplies obtained from the applicant and the historical pricing structures. He is therefore aware of all amounts payable by the second respondent in respect of medical supplies provided. He then proceeds to make

1456

Replying Affidavit - Page 15 of 43

various unsubstantiated allegations relating to Dr Adam. It is apparent that there are disputes between Dr Adam and the first respondent which are clearly outside the scope of this application in the absence of which the first respondent seems to have no other defence. No member of Dr Adam’s family is involved in the management of the applicant. The latest CIPC report indicating the directors of the applicant is attached marked Annexure “C1”. Dr Adam was a director and executive chairman of the second respondent until recently. In that capacity and through the rendering of the shared services he had access to the applicant’s records and bank accounts in the same manner that the first respondent and his team currently has. Dr Adam had caused certain amounts to be paid, allegedly towards rental to the companies mentioned by the second respondent. When I became aware of this, I asked him to return the amounts pending negotiation of an appropriate lease agreement. He thereafter returned the amount with an undertaking to pay any shortfalls in due course.

19.3.

Even if one were to believe the allegations made by the first respondent there is still no explanation why these

1457

Replying Affidavit - Page 16 of 43

facts were not placed before the creditors in a business rescue plan or at least brought to the attention of the applicant. A reasonable and diligent business rescue practitioner would have raised these matters in the business rescue plan or on some or other platform for the creditors of the second respondent to consider and approve lawful decisions and actions on how to remedy the situation. He would have also taken lawful steps to lawfully protect the interests of the second respondent. The interests of the second respondent are not advanced by secretly setting up a competing pharmacy, unlawfully withholding amounts payable to the applicant, secretly and unlawfully recruiting the applicantâ&#x20AC;&#x2122;s employees, ordering medication at higher cost as the first respondent has done.

19.4.

The first respondent also alleges that the applicant is indebted to the second respondent in the amount of R18 839 682.92. In a summons received by the applicant on 19 December 2018 referred to above, the first respondent only claims and amount of R 4 556 871.25. It is also not explained why the remainder of the amount was not claimed given that the summons was only issued within the past four weeks. This raises a question

1458

Replying Affidavit - Page 17 of 43

as to when and how the first respondent became aware of the amounts allegedly payable to the second respondent. A reasonable and diligent business rescue practitioner would have recorded these amounts in the business rescue plan and claimed all amounts payable to the second respondent if indeed these are due. It is clear that that these allegations are manufactured purely for delaying the court process.

19.5.

The first respondent further alleges among others that the applicant is insolvent and that it has failed to pay SARS. The first respondent is responsible for causing the current financial status of the applicant in unlawfully refusing to pay for medical supplies consumed and it is upon these facts that the applicant is approaching the above Honourable Court on an urgent basis for appropriate relief. The first respondent concedes albeit inadvertedly that the applicantâ&#x20AC;&#x2122;s situation requires urgent attention.

20.

Ad Paragraph 53.1

The allegations contained in this paragraph are denied. The applicant has relied on the list of affected parties compiled by the first respondent. The removal of the first respondent as

1459

Replying Affidavit - Page 18 of 43

requested by the applicant is in the interests of all the employees of the second respondent. I am advised that the applicant has taken reasonable steps to ensure that the majority of the employees of the second respondent are notified. Given the urgent nature of the application the applicant requests the above Honourable Court to condone the notice to employees as it currently stands as the omitted employees will not be prejudiced by the possible removal or interim relief sought by the applicant.

21.

Ad Paragraph 53.1.1

The allegations contained in this paragraph are denied. The application was served on the first respondent through the sheriff at his office address, at the premises of the second respondent and via email on the same day. The application served on all the parties was complete with all annexures and the first respondent has had ample opportunity to see all the annexures referred to in the application. This is yet another attempt by the first respondent to increase the volume of disputes and to delay the process.

22.

Ad Paragraph 53.1.2

The allegations contained in this paragraph are denied. The creditors of the second respondent have been served with the

1460

Replying Affidavit - Page 19 of 43

application on the same day it was served on the first and second respondent. The applicant has requested the above Honourable court to condone service on the creditors by email given the lengthy list of creditors. Section 130 (3) (b) of the Companies Act 71 of 2008 provides for notification of the application to the creditors. Section 130 (4) provides for each affected person to participate in the hearing of the application. There is no requirement for joinder of the creditors.

23.

Ad Paragraph 53.1.3

The allegations contained in this paragraph are denied. The service via email is the most practical manner of service given the impracticality of serving hard copies on the long list of creditors.

Moreover

this

the

established

form

communication between the first respondent and the creditors and amongst the creditors themselves. The prejudice to be suffered by the applicant outweighs the inconvenience of having the application served on the creditors via email.

24.

Ad Paragraph 53.2

The allegations contained in this paragraph are denied. The applicant has served the application via email on Nedbank. I am advised that Allmed is not a creditor of the second respondent.

1461

Replying Affidavit - Page 20 of 43

The applicant has used the list of creditors as compiled by the first respondent. There is no other method to obtain the list of creditors. The applicant relies on the first respondent to compile the correct list as the party tasked with that responsibility. The second respondent in any event has launched a counter application. In terms of the Companies Act the first respondent is thus obliged to give adequate notice to all affected persons. This means that all creditors must have been made aware of the applicantâ&#x20AC;&#x2122;s application. Under the circumstances this is a situation where substituted service is justified.

25.

Ad Paragraph 53.3

The allegations contained in this paragraph are denied. The applicant is not aware of the supply arrangements entered into between the first respondent and UPD and MMED respectively. The applicant contends that it is not necessary for UPD and MMED to be joined in this application. This appears to be yet another attempt on the part of the first respondent to delay proceedings.

26.

Ad Paragraph 53.3.3

The allegations contained in this paragraph are denied. The applicant is not aware of the arrangements made between the

1462

Replying Affidavit - Page 21 of 43

first respondent, UPD and MMED respectively. The first respondentâ&#x20AC;&#x2122;s conduct in failing to pay the applicant has led to the applicant experiencing financial difficulties and in turn failing to pay its suppliers.

27.

Ad Paragraph 54

The allegations contained in this paragraph are denied. The applicant is not involved in the disputes between Dr Adam and the first respondent and submits that these are outside of the scope of this application.

28.

Ad paragraph 57

The allegations contained in this paragraph are denied. The first respondent has filed voluminous documents in an attempt to delay the proceedings. The bulk of the documents filed by the second respondent are not relevant to the proceedings. The applicant requests the above Honourable Court to disregard the irrelevant documents and to grant the relief sought by the applicant.

29.

Ad Paragraph 58

The allegations contained in this paragraph are denied. The first respondent was notified by the applicant of its intention to seek

1463

Replying Affidavit - Page 22 of 43

urgent relief from the above Honourable Court as curtesy to allow him ample time to organise his defence team. It is the first respondent who has continued to engage in conduct harmful to the applicant leaving the applicant no options. I am advised that the first respondent was advised by the applicant’s attorney that the application is imminent in a telephone conversation on 14 December 2018 in the event that he did not desist from his conduct to harm the applicant. The first respondent cannot allege to be inconvenienced. In fact it is the first respondent who has inconvenienced the applicant’s legal representatives and the management of the applicant in persisting in conduct that warrants court intervention.

30.

Ad Paragraph 59

The allegations contained in this paragraph are denied. I am advised that there is no basis for a punitive costs order to be awarded against the applicant’s attorney. It has become apparent to me that the first respondent despises the applicant’s attorney Mr Tshepang Mokotedi of Manong Pilane Mokotedi Incorporated. In a personal conversation with Ms Van Rensburg on 7 December 2018 she mentioned to me that the first respondent had no regard for Mr Mokotedi. I am not aware of the reasons why the first respondent has no respect for Mr Mokotedi. The first respondent has also managed to misspell the

1464

Replying Affidavit - Page 23 of 43

name of the applicant’s attorney’s firm despite numerous correspondence between him and Mr Mokotedi bearing the correct name. I am advised the Mr Mokotedi will respond in a separate affidavit.

31.

Ad Paragraph 61

The allegations contained in this paragraph are denied. The applicant has shown as indicated in the founding affidavit that it is owed various amounts by the second respondent. The first respondent is aware of this fact as the administrator of the shared services. He has stated at length that he is aware of all aspects pertaining to the finances of the applicant. Upon terminating the shared services he also restricted the access of the applicant’s staff to the online system indicating amounts payable. He has deliberately omitted to mention that he is aware of the amounts owing to the applicant and hopes to use this aspect to delay the process. I am advised by Ms Yaseera Amod that the first respondent is all times aware of the amounts payable by the second respondent to the applicant as these amounts are easily accessible from the online database of the second respondent. The applicant has locus standi to bring this application as a creditor of the second respondent. The applicant’s status as a creditor is duly recognised as such in the latest business plan published by the first respondent. He has

1465

Replying Affidavit - Page 24 of 43

failed to explain this anomaly bearing testimony to the fact that this and other defences set out in the answering affidavit are manufactured for purposes of delaying the process.

In any

event the applicant has locus standi as result of the contractual arrangement and the breach thereof by the second respondent.

32.

Ad Paragraph 62

The allegations contained in this paragraph are denied. The current directors of the applicant are Mr Mazibuko and Mr Muligwe. These two directors signed a resolution authorising the court action and any of them to sign all relevant documents. There is nothing irregular with this. In this regards I refer to the recent CIPC records indicating that Mr Bava resigned on 07 December 2018, marked Annexure â&#x20AC;&#x153;C1â&#x20AC;? .

33.

Ad Paragraph 66.1

The allegations contained in this paragraph are denied. The primary objective of the applicant is to procure medical supplies for the second respondent. The applicant makes some profits which are normally extracted by the second respondent in return for the rendering of shared services and payment of other expenses. This arrangement is strategic to the success of the second respondent. A diligent business rescue practitioner

1466

Replying Affidavit - Page 25 of 43

would see this benefit for the second respondent and seek to maintain it. There is no legal requirement that a company in the applicantâ&#x20AC;&#x2122;s position should prioritise as its objective the making of profits for its shareholders. In any event the applicant for at least the last three years has had the objective of making profits for its shareholders, albeit not necessarily or mainly from the second respondent as anchor client. I contend this contractual arrangement, as it existed from the beginning is similar to the arrangements in the case of many other pharmacies located in hospital premises. There is also nothing untoward in the second respondent and the applicant arranging their affairs in a tax effective manner. There is no room for the evasion of tax in this arrangement between the two entities. If the first respondent incorrectly suspected this to be so the solution would have been to obtain a ruling from SARS and if needs be to have made any adjustment that SARS might have required. This arrangement cannot form the basis for the first respondent devoting most of his efforts as a business recue practitioner of the second respondent to destroying the applicantâ&#x20AC;&#x2122;s business. The applicant has indicated in the founding affidavit that failure to grant the relief sought will result in among others:

lack of funds to meet its operational and other obligations;

its creditors taking enforcement action against it;

1467

Replying Affidavit - Page 26 of 43

destruction of its business in inter alia losing its employees,

Loss of its main customer in the second respondent as planned by the first respondent;

Loss of its retail business; and

Loss constituted by the amounts owed to it by the first respondent.

34.

Ad Paragraph 66.2

The allegations contained in this paragraph are denied. The applicant has set out in the founding affidavit the intertwined nature of the businesses of the applicant and that of the second respondent. The second respondent has not set out in any document to the creditors and to the above Honourable Court why the relationship between the applicant and the second respondent is not in the interests of the second respondent despite

allegedly

performing

investigation

into

the

relationship. One would expect a bona fide and diligent business rescue practitioner to attach a report prepared by it following the performance of an investigation for all affected persons to review and apply their minds. This report would also have a carefully considered proposal on the arrangement to replace the relationship between the applicant and the second respondent.

1468

Replying Affidavit - Page 27 of 43

On the contrary the first respondent has embarked on a series of secret and malicious acts to destroy the business of the applicant and to start a secret pharmacy unbeknown to the applicant and other affected parties. In its own version the motivating factor behind the first respondentâ&#x20AC;&#x2122;s conduct is the apparent ongoing conflict between him and Dr Adam. Even if one gave the first respondent the benefit of the doubt on the allegations relating to Dr Adam, on his own version the second respondent has allowed the conflict to compromise his judgement and objectivity and he is now motivated by it. This is also borne out by the volume of wasteful litigation embarked upon by the first respondent on the account of the second respondent. While the conflict between the first respondent and Dr Adam make an interesting anecdotal reading, this state of affairs cannot be allowed to persist as it will inevitably result in the demise of the applicant and the second respondent. The task of rescuing the second respondent is a serious one and should accordingly be approached in that light. A business rescue practitioner of a hospital should not be allowed to waste the resources of the company on secret missions to set up alternative pharmacies and wasteful and vexatious litigation as set out above.

35.

Ad Paragraph 66.3

1469

Replying Affidavit - Page 28 of 43

The allegations contained in this paragraph are denied. The granting of leave to the applicant to proceed with this application will greatly benefit the business rescue proceedings. As stated above the first respondent has now lost sight of his primary objective being the rescue of the second respondent. It is therefore in the interests of business rescue proceedings and in those of the first respondent that he be removed from his position as he has lost objectivity and an appreciation of his responsibilities.

36.

Ad Paragraph 66.4

The allegations contained in this paragraph are denied. The applicant has instituted this application on the grounds of the first respondentâ&#x20AC;&#x2122;s unlawful conduct. The applicant is entitled to institute this application in terms of sections of the Companies Act 71 of 2008 as set out above.

37.

Ad Paragraph 66.5

I am advised that the authority of the nature referred to by the first respondent does not exist.

38.

Ad Paragraph 66.6

1470

Replying Affidavit - Page 29 of 43

The allegations contained in this paragraph are denied. The applicant has sought condonation from the above Honourable Court to serve the application on the creditors by way of email as it would be impractical to serve on all creditors given the number of the creditors and the urgency of the matter. Email is the established form of communication between the parties. The applicant has served hard copies of the application on the major creditors namely Bonitas Medical Fund and South African Revenue Services.

39.

Ad Paragraph 66.7

The allegations contained in this paragraph are denied. Given the urgent nature of the application the applicant has asked for leave to make the application in the founding affidavit.

40.

Ad Paragraph 67

The reference to section 131 (b) at paragraphs 19 of the founding affidavit should be replaced with Section 130 (1) (b). Paragraph 3 of the notice of motion is clear that the first respondent is sought to be removed in terms of Sections 130 or 139.

41.

Ad Paragraph 68

1471

Replying Affidavit - Page 30 of 43

The allegations contained in this paragraph are denied. The applicant seeks to remove the first respondent on the basis of Section 130 and 139 read together.

42.

Ad Paragraph 69

The allegations contained in this paragraph are denied. The applicant seeks the commercial relationship between it and the second respondent to be restored to the extent that it has been terminated by the first respondent. The applicant has set out in detail the harm to be suffered by it in the event of the first respondent being allowed to continue with its conduct in as far it will effectively be forced to out of business permanently.

43.

Ad Paragraph 70

The allegations contained in this paragraph are denied. As is set out above, the application was spurred on by the conduct of the first respondent and in particular the events that occurred between 7 December 2018 and 14 December 2018. The applicant could not have brought an urgent application any time before this or after this period and in fact did not do so. In a letter to the first respondent dated 25 October 2018, at par 5, the applicant requested the first respondent to furnish security in

1472

Replying Affidavit - Page 31 of 43

respect of amounts payable. This request like many others before and after that was ignored by the first respondent.

44.

Ad Paragraph 97.1

The allegations in this paragraph are denied. The applicant has stated in its founding affidavit and supporting affidavit by Ms Yaseera Amod that there is at all times an acting pharmacist overseeing the operations in the absence of the main pharmacist. Ms Van Rensburg was suspended by the applicant for inter alia colluding with the first respondent to set up a new pharmacy. She subsequently joined the second respondent and has thereafter refused to notify South African Pharmacy Council (SAPC) of her suspension and subsequent resignation from the applicant. She has done this deliberately in order to continue to fraudulently use the access codes allocated to her to access the SAPC online systems purporting to represent the applicant. The applicant has recently forwarded a letter to the SAPC notifying them of Ms Van Rensburgâ&#x20AC;&#x2122;s suspension.

45.

Ad Paragraph 109

The allegations contained in this paragraph are denied. The conduct of the first respondent in entering into contracts with the suppliers was once again done in secret. Moreover these

1473

Replying Affidavit - Page 32 of 43

contracts in the first respondentâ&#x20AC;&#x2122;s version contain unusual clauses which would ordinarily not be included in commercial contracts of this nature. The first respondent is engaged as a business rescue practitioner to turn the business of the second respondent around and to hand over the business to the management upon completion of this task. A bona fide and diligent business rescue practitioner who is also an officer of the court would never instigate that such conditions to be included in a commercial contract. This conduct nullifies any attempts on the part of the first respondent to rescue the second respondent as he has placed it in a position where it cannot be handed over to the management. The loss of objectivity on the part of the first respondent and failure to appreciate what is required of him is apparent in his conduct.

46.

Ad Paragraph 110

The allegations set out in this paragraph are denied. The applicant was already in a difficult financial position in that at the time business rescue commenced, there were outstanding amounts in excess of R 9 million owing to it in respect of medical supplies provided during the pre-business rescue period. These amounts cannot be paid to the applicant to enable it to pay its creditors although it has obtained the supplies on credit terms. The applicant impressed upon the first respondent the

1474

Replying Affidavit - Page 33 of 43

importance of continuing to pay amounts in respect of supplies provided post business rescue. The first respondent then exploited the applicant’s position to attempt to set up a new pharmacy. The shortfalls arising from pre-business rescue amounts added to the shortfalls in payment of amounts in respect of post business rescue supplies have cumulatively led to the current financial position of the applicant.

47.

Ad Paragraph 124

The contents of this paragraph are denied. Annexure “H” to the founding affidavit clearly cannot be explained away by the first respondent. His entire narrative is now that he is simply purchasing medicines and supplies on better financial terms as the applicant had done and that he is entitled to do so. If the first respondent’s version is to be believed the implication is that he misled the hospital staff by informing them that the hospital will be collaborating with a new pharmacy. The first repondent’s version makes no sense. He alleges that he had resolved to and did terminate the relationship between the applicant and the second respondent by end of October 2018 and from then on obtained supplies directly from the same suppliers as the applicant. However this is not possible as the second respondent had no pharmacist of its own until after 7 December 2018. The truth is that he never terminated the relationship by

1475

Replying Affidavit - Page 34 of 43

end of October and continued to obtain medicine from the applicant via Ms van Rensburg, without payment for such supplies -- in violation of the applicantâ&#x20AC;&#x2122;s instructions to her. There was no need for such violation as there was no reason why the second respondent could not pay for the deliveries on a cash against delivery basis as was reasonably required by the applicant

under

the

circumstances

where

the

second

respondent was not complying fully with its obligations, inter alia by not paying on behalf of the applicant the salaries of the applicantâ&#x20AC;&#x2122;s staff as was the current arrangement. These inconsistencies once again indicate the web in which the first respondent finds himself caught leading to the inescapable conclusion that he is manufacturing defences as and when they seem convenient.

48.

Ad Paragraph 128

The allegations in this paragraph are denied. None of the suppliers have indicated to the applicant that they are not willing to do business with it for no apparent reason. The said suppliers have conducted business with the applicant over a long period and continue to do so. This paragraph once again indicates the first respondentâ&#x20AC;&#x2122;s fixation on Dr Adam which is of no relevance to the application. This conduct also compromises the ability of

1476

Replying Affidavit - Page 35 of 43

the first respondent to deliver the business back to the management

49.

Ad Paragraph 129

49.1.

The allegations contained in this paragraph are denied. The applicant requested the first respondent to pay for medical supplies other than emergency supplies upon delivery. At no stage has the applicant refused to make supplies to the second respondent.

49.2.

On his own version the first respondent confirms that the second respondent is still responsible for financial administration and related aspects of the business of the applicant. In particular, the second respondent is in control of the records relating to medical supplies provided to its patients by or on behalf of the applicant. The practice existing before and during a portion of the business rescue period was for the staff of the second respondent to verify the amounts payable where after they would issue an invoice and effect payment to the applicant. The first respondent was at all material times aware of this and has caused the second respondent to suspend this service among others. In addition, the applicantâ&#x20AC;&#x2122;s attorney forwarded a letter to the first

1477

Replying Affidavit - Page 36 of 43

respondent dated 03 October 2018 demanding payment for the amounts outstanding and attaching invoices for the months ended June 2018, July 2018 and August 2018. A copy of the letter and the invoices are attached marked Annexure “D1”.

The first respondent can

therefore not rely on the denial that he was not provided with invoices. He thereafter terminated the access to the online system indicating amounts payable by the second respondent to the applicant with the effect that the staff of the applicant could not access these records. The applicant was therefore not able to produce invoices for the months of September 2018, October 2018, November 2018 and December 2018. The applicant requested information from the first respondent to inter alia put it in a position to quantify amounts payable to it in a letter by the applicant’s attorneys dated 23 November 2018 which request was not met. A copy of the letter is attached marked annexure “E1”.

50.

Ad Paragraph 131

The allegations contained in this paragraph are denied. The first respondent and myself never discussed any proposal by him to stop making payments due to complaints from the suppliers. At the said meeting I requested the first respondent to make

1478

Replying Affidavit - Page 37 of 43

payment of the salaries and other staff related benefits to the applicant to enable it to meet its obligations as he had terminated the shared services. This was the only item discussed and the meeting terminated.

51.

Ad Paragraph 133

The allegations contained in this paragraph are denied. The communication clearly states at paragraph 5 under the heading Strategic Support that : “The hospital has partnered with a new Pharmacy that will be situated on the ground floor opposite Badenhorst, which will be responsible for supplying medication to the hospital…”.

52.

Ad Paragraph 140

The allegations contained in this paragraph are denied. I attended two meetings with the first respondent during October 2018. At the first meeting he undertook to provide records relating to the applicant’s bank accounts and amounts owing to the applicant by the second respondent and failed to do so. At the last meeting we discussed payment of the applicant’s employee salaries and could not reach any agreement. It then became apparent to me that any further meetings with the first respondent will not yield any results. He appeared to be

1479

Replying Affidavit - Page 38 of 43

arranging meetings as delay tactics while he was continuing to engage in conduct that damaged the applicant. Shortly after I attended the second meeting with him, I was informed that he threatened to withhold payment of the applicant’s staff salaries due to the applicant demanding that he pays for medical supplies upon delivery.

53.

Ad Paragraph 150

The records set out at Annexure L were prepared by Yaseera Amod based on the information obtained from the online system maintained by the second respondent as confirmed in her supporting affidavit which is attached to the founding affidavit as Annexure “N”.

54.

Ad Paragraph 156.1

The allegations contained in this paragraph are denied. The first respondent conveniently omits to refer to the balance of paragraph 4 which clearly states that :”Rubicon will continue to supply emergency and intensive care related medication and equipment to LPHH as and when required” as well as paragraph 5 which states that : “All future supply of medication and equipment will be made on a cash basis to LPH”. The applicant had merely requested the first respondent to make payment in

1480

Replying Affidavit - Page 39 of 43

respect of non-emergency supplies provided to it. The second respondent intentionally attempts to mislead the above Honourable in quoting sections of the letter out of context. He cannot be relied upon to present the true facts to the above Honourable Court. I respectfully request the above Honourable Court to disregard his attempts to mislead it.

55.

Ad Paragraph 160

The allegations contained in this paragraph are denied. In particular, the applicant has at no stage stopped the supply of medical supplies to the second respondent despite the contents of the letter dated 25 October 2018. Ms Van Rensburg refused to enforce the instruction until she was suspended on 7 December 2018 primarily for this reason. The applicant thereafter continued to supply the second respondent with the required medical supplies to date. I have attached a copy of the recent records indicating medical supplies delivered to the second respondent as recently as 04 January 2018. A copy of the records is attached marked Annexue â&#x20AC;&#x153;Fâ&#x20AC;?.

56.

Ad Paragraph 165

The allegations contained in this paragraph are denied. The first respondent was not in a position to procure medical supplies

1481

Replying Affidavit - Page 40 of 43

directly from the suppliers from October 2018 as it did not have a qualified pharmacist in its employ. All medical supplies were procured via the applicant with the assistance of Ms Van Rensburg and the first respondent is fully aware of these facts.

57.

Ad Pragraph 175

The applicant will only be in a position to pay SARS and the suppliers once it has received payment of amounts payable to it by the second respondent. The payments to SARS in the past was done on behalf of the applicant by the staff of the second respondent.

58.

Ad Paragraph 177

The allegations contained in this paragraph are denied. It is not clear how the first respondent has come to the knowledge that Bonitas and the majority of the creditors will not support his removal. In particular, the application has been served on the majority of creditors including Bonitas and SARS who have not indicated any opposition to the removal of the first respondent as a business rescue practitioner. The absence of any objections indicates that the creditors are not opposed to the proposed removal.

59.

Ad Paragraph 181

1482

Replying Affidavit - Page 41 of 43

The allegations contained in this paragraph are denied. The confirmatory affidavit of Yaseera Amod was signed after the Founding Affidavit. The basis upon which the first respondent alleges that this was not the case is not clear.

60.

Ad Paragraph 199

The allegations contained in this paragraph are denied. The first respondent finally concedes that the arrangements to purchase medical supplies directly â&#x20AC;&#x153;were made as a result of the attempt of the applicant to extort me and the second respondent to make payments to it which were not due and payable.â&#x20AC;? There is no reference to performing an investigation and arriving at a conclusion that the arrangement is not in the interests of the second respondent which is in fact what the first respondent should have done.

61.

Any allegations made by the first respondent in paragraphs to which I have not replied directly are denied.

62.

I have demonstrated extensively in the above paragraphs that the first respondent has engaged in unlawful attempts to derail the business of the applicant in order to set up an alternative pharmacy. The first respondent has failed to provide any plausible explanation for its conduct in the face of evidence of

1483

Replying Affidavit - Page 42 of 43

its conduct. Instead the first respondent has tried to manufacture defences in its letter of 14 December 2018 and a subsequent summons issued in respect of alleged rental payments. In its totality, the conduct of the first respondent falls short of that of a bona fide and diligent business rescue practitioner with the goal of rescuing the second respondent. Instead the first respondent appears to be motivated by various conflicts between himself and Dr Adam. His conduct warrants his removal as prayed for in the notice of motion. It is on this basis that I humbly and respectfully pray that the above Honourable Court grants the prayers set out in the notice of motion.

_____________________ DEPONENT

I certify that the deponent has acknowledged that he knows and understands the contents of this affidavit which was signed and sworn before me at _________________ on this the 7th day of January 2019, and that the Regulations contained in Government Notice No. R1258 of 21 July 1972, as amended, and Government Notice No. R1648 of 19 August 1977, as amended, having been complied with.

________________________ COMMISSIONER OF OATHS

1484

Replying Affidavit - Page 43 of 43

OFFICIAL CAPACITY AREA APPOINTED FULL STREET ADDRESS:

1485

CIPC Certificate of Second Respondent - Page 1 of 15 Certificate issued by the Commissioner of Companies & Intellectual Property Commission on Saturday, October 27, 2018 at 15:52 Disclosure Certificate: Companies and Close Corporations Registration Number:

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

ENTERPRISE INFORMATION Registration Number

1992 / 001696 / 07

Enterprise Name

LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD

Registration Date

27/03/1992

Business Start Date

27/03/1992

Enterprise Type

Private Company

Enterprise Status

Business Rescue

Compliance Status

Compliant

Financial Year End

December

TAX Number

9381312843

Addresses

POSTAL ADDRESS

ADDRESS OF REGISTERED OFFICE

PO BOX 55835

LOUIS PASTEUR MEDICAL CENTRE

ARCADIA

8TH FLOOR, ROOM 842 374 SCHOEMAN STREET PRETORIA

0007

0001

ACTIVE MEMBERS / DIRECTORS Surname and First Names

Type

NAUDE, ETIENNE JACQUES

Business Rescue Practitioner

ID Number / Date of Birth

Contrib. (R)

5612035036083

0.00

Interest (%) 0.00

Appoint. Date 13/06/2018

Address

Postal: P O BOX 92082, MOOIKLOOF, 0059 Residential: 13 JOLIFY RING, MOOIKLOOF, PRETORIA, 0001

ADAM, MOHAMED

Director

5810055085085

0.00

18/04/2002

Postal: P O BOX 55835, ARCADIA, ARCADIA, GAUTENG, 0007 Residential: 4 KRONA PLACE, ELDOGLEN, CENTURION, GAUTENG, 0157

DAKA, DINGAAN

Director

8511305634089

0.00

08/12/2006

Postal: P O BOX 1197, SUNNINGHILL, SUNNINGHILL, GAUTENG, 2000 Residential: 27 NORMAN DRIVE, NORTHCLIFF, JOHANNESBURG, GAUTENG, 2000

AKOOB, ADBOOL SATTAR

Director

4003205048085

0.00

18/03/2011

Postal: P O BOX 55835, ARCADIA, ARCADIA, GAUTENG, 0007 Residential: 368 LIME STREET, PRETORIA, PRETORIA, GAUTENG, 0001

Page 1 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

1486

CIPC Certificate of Second Respondent - Page 2 of 15 Certificate issued by the Commissioner of Companies & Intellectual Property Commission on Saturday, October 27, 2018 at 15:52 Disclosure Certificate: Companies and Close Corporations Registration Number:

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

NKOMO, ABRAHAM SOKHAY

Director

4006015116083

0.00

01/03/2012

Postal: P O BOX 268, ATTERIDGEVILLE, ATTERIDGEVILLE, GAUTENG, Residential: 10 MATHIBE STREET, ATTERIDGEVILLE, ATTERIDGEVILLE, GAUTENG,

RAMASIA, MARUMO ABEL

Director

6012305792086

0.00

30/10/2014

Postal: P O BOX 3496, CRAMERVIEW, CRAMERVIEW, GAUTENG, 2060 Residential: 234 MONAHENG SECTION, PO KATLEHONG, PO KATLEHONG, GAUTENG, 1832

VAN EMMENIS, GERHARDUS JACOBUS

Director

6205155064081

0.00

30/10/2014

Postal: P O BOX 3496, CRAMERVIEW, CRAMERVIEW, GAUTENG, 2060 Residential: 346 LOIS AVENUE, WUTHERING HEIGHTS, PRETORIA, GAUTENG, 0060

SULIMAN, YUSSUF

Director

5907195172086

0.00

31/05/2018

Postal: P O BOX 55835, ARCADIA, PRETORIA, GAUTENG, 0007 Residential: 613 BEN STREET, ERASMIA, PRETORIA, GAUTENG, 0183

NOOR MAHOMED, ABOOBAKER JOOSAB

Director

4604145169087

0.00

18/10/2018

Postal: PO BOX 55835, ARCADIA, PRETORIA, GAUTENG, 0007 Residential: 23 COULL DRIVE, LA MERCY, DURBAN, KWA-ZULU NATAL, 4399

PRAKKE, ADRIAAN EVERT

Director

5411165012083

0.00

18/10/2018

Postal: PO BOX 55835, ARCADIA, PRETORIA, GAUTENG, 0007 Residential: 2 OLIENSTREET, WILRO PARK, ROODEPOORT, GAUTENG, 1724

JANSEN, JOHANNES JURIE

Alternate Director

4810265055085

0.00

18/10/2018

Postal: PO 55835, ARCADIA, PRETORIA, GAUTENG, 0007 Residential: 65 MATROOSBERG ROAD, NEWLANDS, PRETORIA, GAUTENG, 0181

AUDITOR DETAILS Auditor Name

Type

Status

Appointment Date

SULIMAN NOOR MOHAMED

Auditor

Resign

1992-03-25

Auditor

Resign

1992-03-25

Auditor

Resign

1992-03-25

Resignation Date

Email Address

Profession Number: LLOYD VILJOEN

Profession Number: 903914A MSGM MASUKU JEENA INC

Page 2 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

1487

CIPC Certificate of Second Respondent - Page 3 of 15 Certificate issued by the Commissioner of Companies & Intellectual Property Commission on Saturday, October 27, 2018 at 15:52 Disclosure Certificate: Companies and Close Corporations Registration Number:

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

Profession Number: 928356E PRICEWATERHOUSECOOPERS INC

Auditor

Resign

Auditor

Current

2005-08-29

ACTIVE

Auditor

Current

2005-08-29

ACTIVE

Profession Number: 905151E SAB&T CHARTERED ACCOUNTANTS INC

Profession Number: 953008 SAB&T

elise@louispasteur.co.za

Profession Number: 953008

CHANGE SUMMARY 03/11/1997

Member Change on 03/11/1997.

22/05/1996

Change of Financial Year End on 22/05/1996.

15/10/1997

Change of Financial Year End on 15/10/1997.

27/03/1992

Registration of CC/CO on 27/03/1992.

12/02/2001

Member Change on 09/05/2000.

12/02/2001

Change Record Surname = MOFOKENG First Names = BERMAN MOTLATSI Status = Resigned Member Change on 09/05/2000.

05/07/2001

Add Record Surname = SHIMANGE First Names = MAKHONYA RONALD - JUL Status = Active Name Change on 05/07/2001.

27/08/2002

Member Change on 17/07/2002.

27/08/2002

Change Record Surname = HLATSHWATO First Names = BARBARA BUYISWE Status = Resigned Member Change on 17/07/2002.

27/08/2002

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Member Change on 17/07/2002.

27/08/2002

Change Record Surname = LLOYD First Names = MORTHIMER JAMES Status = Resigned Member Change on 17/07/2002.

27/08/2002

Change Record Surname = SOOBOO First Names = VINIAYAGRA MURTHI Status = Active Member Change on 17/07/2002.

MARABA HOSPITAL AND MEDICAL CENTRE

Page 3 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 4 of 15

1488

Certificate issued by the Commissioner of Companies & Intellectual Property Commission on Saturday, October 27, 2018 at 15:52 Disclosure Certificate: Companies and Close Corporations Registration Number:

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

27/08/2002

Change Record Surname = MTAWALI First Names = KONDA EDMUND Status = Resigned Member Change on 17/07/2002.

27/08/2002

Change Record Surname = NKOSI First Names = BATANABANINGI DUMA Status = Active Member Change on 17/07/2002.

27/08/2002

Change Record Surname = SHIMANGE First Names = MAKHONYA RONALD - JUL Status = Resigned Member Change on 17/07/2002.

27/08/2002

Add Record Surname = MOHLALA First Names = MARULE LUCAS Status = Active Member Change on 17/07/2002.

27/08/2002

Add Record Surname = LITSOANE First Names = HLAOILI DAVID Status = Active Member Change on 17/07/2002.

27/08/2002

Add Record Surname = ADAM First Names = MOHAMED Status = Active Member Change on 17/07/2002.

27/08/2002

Add Record Surname = MABELEBELE First Names = MATOME FRANZ Status = Active Member Change on 17/07/2002.

21/11/2002

Add Record Surname = TAYOB First Names = MOHAMMED SIDDIQUE Status = Active Accounting Officer Change on 17/09/2002.

21/11/2002

Add Record Name : = LLOYD VILJOEN Status : = Resign Accounting Officer Change on 17/09/2002.

24/01/2003

Add Record Name : = MSGM MASUKU JEENA INC Status : = Current Postal Address Change on 04/02/2003. P O BOX 751281 GARDENVIEW

24/01/2003

2047 Registered Address Change on 04/02/2003. AFFIN TM HOUSE GILLOOLY'S VIEW OFFICE PARK BEDFORDVIEW

26/05/2004

2008 Member Change on 21/04/2004.

Page 4 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 5 of 15

1489

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

26/05/2004

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = SOOBOO First Names = VINIAYAGRA MURTHI Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = NKOSI First Names = BATANABANINGI DUMA Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = MOHLALA First Names = MARULE LUCAS Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = LITSOANE First Names = HLAOILI DAVID Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = ADAM First Names = MOHAMED Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = MABELEBELE First Names = MATOME FRANZ Status = Active Member Change on 21/04/2004.

26/05/2004

Change Record Surname = TAYOB First Names = MOHAMMED SIDDIQUE Status = Active Member Change on 21/04/2004.

06/06/2005

Add Record Surname = HASSIM First Names = SULEMAN Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = SOOBOO First Names = VINIAYAGRA MURTHI Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = NKOSI First Names = BATANABANINGI DUMA Status = Active Member Change on 25/02/2005.

Page 5 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 6 of 15

1490

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

06/06/2005

Change Record Surname = MOHLALA First Names = MARULE LUCAS Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = LITSOANE First Names = HLAOILI DAVID Status = Resigned Member Change on 25/02/2005.

06/06/2005

Change Record Surname = ADAM First Names = MOHAMED Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = MABELEBELE First Names = MATOME FRANZ Status = Resigned Member Change on 25/02/2005.

06/06/2005

Change Record Surname = TAYOB First Names = MOHAMMED SIDDIQUE Status = Active Member Change on 25/02/2005.

06/06/2005

Change Record Surname = SULEMAN First Names = HASSIM Status = Active Member Change on 25/02/2005.

06/06/2005

Add Record Surname = SEOBI First Names = MOKONE NICK Status = Active Member Change on 25/02/2005.

24/06/2005

Add Record Surname = MAJOZI First Names = BONGANI PATRICK Status = Active Accounting Officer Change on 08/02/2005.

24/06/2005

Change Record Name : = MSGM MASUKU JEENA INC Status : = Resign Accounting Officer Change on 08/02/2005.

27/07/2005

Add Record Name : = PRICEWATERHOUSECOOPERS INC Status : = Current Member Change on 01/11/1994.

Page 6 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 7 of 15

1491

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Birth Date=28 DECEMBER 1941 Nationality=SOUTH AFRICA RSA Resident=1 Date of Appointment=1 NOVEMBER 1994 Profession= Designation=COMPANY SECRETARY (NATURAL PERSON) Residential Address 43B JUNIPER DRIVE DOWERGLEN X EDENVALE 1609 Business Address 99 EDWARD DRIVE DOWERGLEN EDENVALE 1609 Postal Address P O BOX 751281 GARDENVIEW

15/09/2005

2047 Nature of Change=APPOINTMENT Status :ACTIVE Accounting Officer Change on 29/08/2005. PO BOX 10512 CENTURION

0046

15/09/2005

Status : Address Change Accounting Officer Change on 29/08/2005.

19/11/2008

Member Change on 19/11/2008.

19/11/2008

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :ACTIVENature of Change=CHANGE OF ADDRESS Member Change on 19/11/2008.

11/12/2008

Surname=ADAM Full ForeNames=MOHAMED Id No=5810055085085 Status :ACTIVENature of Change=CHANGE OF ADDRESS Member Change on 11/12/2008.

SULIMAN NOOR MOHAMEDReported Material Irregularity on : Status : Resign

Page 7 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 8 of 15

1492

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Birth Date=28 DECEMBER 1941 Nationality=SOUTH AFRICA RSA Resident=0 Date of Appointment=01 NOVEMBER 1994 Profession= Designation=COMPANY SECRETARY (NATURAL PERSON) Residential Address 43B JUNIPER DRIVE DOWERGLEN X EDENVALE 1609 Business Address 842 LOUIS PASTEUR MEDICAL CENTRE 374 SCHOEMAN STREET PRETORIA 0001 Postal Address P O BOX 55835 ARCADIA GAUTENG

12/02/2007

0007 Nature of Change=APPOINTMENT Status :ACTIVE Member Change on 08/12/2006.

12/02/2007

Surname=HABIB Full ForeNames=MAHOMED FIROZE ABOO Id No=5705295163082 Status :ACTIVENature of Change=APPOINTMENT Member Change on 08/12/2006.

15/03/2007

Surname=DAKA Full ForeNames=DINGAAN Id No=7407225634088 Status :ACTIVENature of Change=APPOINTMENT Accounting Officer Change on 29/08/2005. PO BOX 10512 CENTURION

0046

15/03/2007

Status : Address Change Accounting Officer Change on 28/08/2005.

21/06/2007

Change of Financial Year End on 30/12/2007. 6

03/07/2008

Registered Address Change on 24/07/2008.

03/07/2008

LOUIS PASTEUR MEDICAL CENTRE 8TH FLOOR, ROOM 842 374 SCHOEMAN STREET PRETORIA 0001 Postal Address Change on 24/07/2008. PO BOX 55835 ARCADIA

0007 Page 8 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 9 of 15

1493

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

12/09/2008

Member Change on 01/08/2008.

12/09/2008

Surname=TAYOB Full ForeNames=MOHAMMED SIDDIQUE Id No=6407075024084 Status :RESIGNEDNature of Change=RESIGNED Member Change on 01/08/2007.

15/07/2009

Surname=SEOBI Full ForeNames=MOKONE NICK Id No=6307165801088 Status :RESIGNEDNature of Change=RESIGNED Member Change on 25/05/2009.

15/07/2009

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Member Change on 25/05/2009.

15/07/2009

Change Record Surname = NKOSI First Names = BATANABANINGI DUMA Status = Active Member Change on 25/05/2009.

15/07/2009

Change Record Surname = MOHLALA First Names = MARULE LUCAS Status = Resigned Member Change on 25/05/2009.

15/07/2009

Change Record Surname = HABIB First Names = MAHOMED FIROZE ABOO Status = Active Member Change on 25/05/2009.

15/07/2009

Change Record Surname = DAKA First Names = DINGAAN Status = Active Member Change on 25/05/2009.

18/02/2010

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Member Change on 18/02/2010.

27/05/2010

Surname=HABIB Full ForeNames=MAHOMED FIROZE ABOO Id No=5705295163082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 30/04/2010.

27/05/2010

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :RESIGNEDNature of Change=DIRECTOR RESIGNED Member Change on 27/05/2010.

02/06/2010

Surname=ADAM Full ForeNames=MIRRIAM BIBI Id No=6912190258087 Status :ACTIVENature of Change=NEW APPOINTMENT Member Change on 02/06/2010.

17/03/2011

Surname=ADAM Full ForeNames=MIRRIAM BIBI Id No=6912190258087 Status :DISQUALIFIEDNature of Change=DIRECTOR DISQUALIFIED Status changed to Annual Return In De-registration on 17/03/2011.

Page 9 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 10 of 15

1494

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

24/05/2011

DEREGISTRATION FOR ANNUAL RETURN NON COMPLIANCE. REGISTRATION MONTH = 3 - AR NON COMPLIANCE DATE = 01/05/2010 - 6 MONTHS AFTER = 01/01/2011. Status Change on 24/05/2011.

24/06/2011

Status changed to Cancellation of De-registration Process on 24/06/2011.

19/09/2011

Member Change on 18/03/2011.

19/09/2011

Full ForeNames=WAHEED Surname=ALLI AppointmentDate=18/03/2011 Status=A Member Change on 18/03/2011.

19/09/2011

Full ForeNames=SHUAIB MOHAMED IQAABAL Surname=SULEMAN AppointmentDate=18/03/2011 Status=A Member Change on 18/03/2011.

19/09/2011

Full ForeNames=ADBOOL SATTAR Surname=AKOOB AppointmentDate=18/03/2011 Status=A Member Change on 18/03/2011.

19/09/2011

Full ForeNames=HAROUN Surname=OSMAN ESSACK AppointmentDate=18/03/2011 Status=A Member Change on 21/04/1997.

19/09/2011

Full ForeNames=BATANABANINGI DUMA Surname=NKOSI AppointmentDate=21/04/1997 Status=N Member Change on 18/02/2005.

05/09/2012

Full ForeNames=BONGANI PATRICK Surname=MAJOZI AppointmentDate=18/02/2005 Status=N Member Change on 08/08/2012.

05/09/2012

Change Record Surname = SOOBOO First Names = VINIAYAGRA MURTHI Status = Active Member Change on 08/08/2012.

05/09/2012

Change Record Surname = ADAM First Names = MOHAMED Status = Active Member Change on 08/08/2012.

05/09/2012

Change Record Surname = SULEMAN First Names = HASSIM Status = Resigned Member Change on 08/08/2012.

05/09/2012

Change Record Surname = DAKA First Names = DINGAAN Status = Active Member Change on 08/08/2012.

ANNUAL RETURN FILING

Annual Return Non Compliance - Cancellation of Deregistration

Change Record Surname = ALLI First Names = WAHEED Status = Resigned Page 10 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 11 of 15

1495

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

05/09/2012

Member Change on 08/08/2012.

05/09/2012

Change Record Surname = SULEMAN First Names = SHUAIB MOHAMED IQAABAL Status = Active Member Change on 08/08/2012.

05/09/2012

Change Record Surname = AKOOB First Names = ADBOOL SATTAR Status = Active Member Change on 08/08/2012.

05/09/2012

Change Record Surname = OSMAN ESSACK First Names = HAROUN Status = Resigned Member Change on 08/08/2012.

05/09/2012

Add Record Surname = NKOMO First Names = ABRAHAM SOKHAY Status = Active Member Change on 08/08/2012.

22/07/2014

Add Record Surname = MAMOEPA First Names = MOLAPYANE RONALD EPHRAIM Status = Active Annual Return completed on 22/07/2014.

05/03/2015

Status changed to Unknown.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

31/03/2015

Member Change on 31/03/2015.

10/06/2015

Annual Return completed on 10/06/2015.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

Company / Close Corporation AR Filing - Web Services : Ref No. : 51122960

No Valid SMS or Email Address for enterprise M1992001696

Director MARUMO ABEL RAMASIA was added

Director GERHARDUS JACOBUS VAN EMMENIS was added

Director FHOLISANI SYDNEY MUFAMADI was added

Director VINIAYAGRA MURTHI SOOBOO details was Changed

Director MOHAMED ADAM details was Changed

Director DINGAAN DAKA details was Changed

Director MOLAPYANE RONALD EPHRAIM MAMOEPA details was Changed

Company / Close Corporation AR Filing - Web Services : Ref No. : 527193296

E-Mail send to VINIAYAGRA MURTHI SOOBOO for 2016

E-Mail send to MOHAMED ADAM for 2016

E-Mail send to DINGAAN DAKA for 2016

E-Mail send to MOLAPYANE RONALD EPHRAIM MAMOEPA for 2016

Page 11 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 12 of 15

1496

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

07/03/2016

SMS Notification that Annual Return is due was sent on 07/03/2016.

30/08/2016

Annual Return completed on 30/08/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

E-Mail send to MARUMO ABEL RAMASIA for 2016

E-Mail send to GERHARDUS JACOBUS VAN EMMENIS for 2016

E-Mail send to FHOLISANI SYDNEY MUFAMADI for 2016

Company / Close Corporation AR Filing - Web Services : Ref No. : 548607445

Director MOHAMED YASEEN ADAM was added

Director MOHAMED ADAM details was Changed

Director ABRAHAM SOKHAY NKOMO details was Changed 06/10/2016

Member Change on 06/10/2016. Director ADBOOL SATTAR AKOOB details was Changed

06/10/2016

Member Change on 06/10/2016. Director MOLAPYANE RONALD EPHRAIM MAMOEPA details was Changed

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

06/10/2016

Member Change on 06/10/2016.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

Director DINGAAN DAKA details was Changed

Director MARUMO ABEL RAMASIA details was Changed

Director GERHARDUS JACOBUS VAN EMMENIS details was Changed

Director FHOLISANI SYDNEY MUFAMADI details was Changed

Director VINIAYAGRA MURTHI SOOBOO details was Changed

Director SHUAIB MOHAMED IQAABAL SULEMAN details was Changed

E-Mail sent to VINIAYAGRA MURTHI SOOBOO for 2017

E-Mail sent to MOHAMED ADAM for 2017

E-Mail sent to DINGAAN DAKA for 2017

E-Mail sent to ADBOOL SATTAR AKOOB for 2017

E-Mail sent to ABRAHAM SOKHAY NKOMO for 2017

E-Mail sent to MOLAPYANE RONALD EPHRAIM MAMOEPA for 2017

E-Mail sent to MARUMO ABEL RAMASIA for 2017

E-Mail sent to GERHARDUS JACOBUS VAN EMMENIS for 2017

Page 12 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 13 of 15

1497

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

03/03/2017

Email Notification that Annual Return is due was sent on 03/03/2017.

12/04/2017

Annual Return completed on 12/04/2017.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

E-Mail sent to FHOLISANI SYDNEY MUFAMADI for 2017

E-Mail sent to MOHAMED YASEEN ADAM for 2017

Company / Close Corporation AR Filing - Web Services : Ref No. : 568395166

Director MARIAM BIBI ADAM was added

Director VINIAYAGRA MURTHI SOOBOO details was Changed

Director MOHAMED ADAM details was Changed

Director DINGAAN DAKA details was Changed 26/02/2018

Member Change on 26/02/2018. Director ADBOOL SATTAR AKOOB details was Changed

26/02/2018

Member Change on 26/02/2018. Director ABRAHAM SOKHAY NKOMO details was Changed

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

26/02/2018

Member Change on 26/02/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

03/03/2018

Email Notification that Annual Return is due was sent on 03/03/2018.

Director MOLAPYANE RONALD EPHRAIM MAMOEPA details was Changed

Director MARUMO ABEL RAMASIA details was Changed

Director GERHARDUS JACOBUS VAN EMMENIS details was Changed

Director FHOLISANI SYDNEY MUFAMADI details was Changed

Director MOHAMED YASEEN ADAM details was Changed

E-Mail sent to MOHAMED ADAM for 2018

E-Mail sent to DINGAAN DAKA for 2018

E-Mail sent to ADBOOL SATTAR AKOOB for 2018

E-Mail sent to ABRAHAM SOKHAY NKOMO for 2018

E-Mail sent to MARUMO ABEL RAMASIA for 2018

E-Mail sent to GERHARDUS JACOBUS VAN EMMENIS for 2018

E-Mail sent to FHOLISANI SYDNEY MUFAMADI for 2018

E-Mail sent to MOHAMED YASEEN ADAM for 2018

E-Mail sent to MARIAM BIBI ADAM for 2018

Page 13 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 14 of 15

1498

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

13/06/2018

Status changed to Unknown.

25/06/2018

Status changed to Unknown.

01/08/2018

Add Record Surname : = NAUDE First names : = ETIENNE JACQUES Status : = Active Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

01/08/2018

Member Change on 01/08/2018.

03/08/2018

Member Change on 01/08/2018.

03/08/2018

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Resigned Status Change on 03/08/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

17/10/2018

Member Change on 17/10/2018.

COR 123.1 WAS RECEIVED AND CAPTURED

Director YUSSUF SULIMAN was added

Director MOHAMED ADAM details was Changed

Director DINGAAN DAKA details was Changed

Director ADBOOL SATTAR AKOOB details was Changed

Director ABRAHAM SOKHAY NKOMO details was Changed

Director MARUMO ABEL RAMASIA details was Changed

Director GERHARDUS JACOBUS VAN EMMENIS details was Changed

Director FHOLISANI SYDNEY MUFAMADI details was Changed

Director MOHAMED YASEEN ADAM details was Changed

Director MARIAM BIBI ADAM details was Changed

Change status to process a CoR44 received with tracking number 111726960.

Director MOHAMED ADAM details was Changed

Director DINGAAN DAKA details was Changed

Director ADBOOL SATTAR AKOOB details was Changed

Director ABRAHAM SOKHAY NKOMO details was Changed

Director MARUMO ABEL RAMASIA details was Changed

Director GERHARDUS JACOBUS VAN EMMENIS details was Changed

Director MOHAMED YASEEN ADAM details was Changed

Director MARIAM BIBI ADAM details was Changed Page 14 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

CIPC Certificate of Second Respondent - Page 15 of 15

1499

1992 / 001696 / 07

Enterprise Name:

LOUIS PASTEUR HOSPITAL HOLDINGS

17/10/2018

Member Change on 17/10/2018.

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

Director YUSSUF SULIMAN details was Changed

Director ABOOBAKER JOOSAB NOOR MAHOMED was added

Director ADRIAAN EVERT PRAKKE was added

Director JOHANNES JURIE JANSEN was added

Director MOHAMED ADAM details was Changed

Director DINGAAN DAKA details was Changed

Director ADBOOL SATTAR AKOOB details was Changed 24/10/2018

Member Change on 24/10/2018. Director ABRAHAM SOKHAY NKOMO details was Changed

24/10/2018

Member Change on 24/10/2018. Director MARUMO ABEL RAMASIA details was Changed

24/10/2018

Member Change on 24/10/2018.

24/10/2018

Member Change on 24/10/2018.

Director GERHARDUS JACOBUS VAN EMMENIS details was Changed

Director YUSSUF SULIMAN details was Changed

Page 15 of 15

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 1 of 27

1500

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA Gase No: 90769/1 8

In the matter between.

RUBICON GROUP (PTY) LTD

Applicant

and

ETIENNE JACQUES NAUDE (Business Rescue Practitioner of Second Respondent)

LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LlMlrED BONITAS MEDICAL FUND SOUTH AFRICAN REVENUE SERVICES

First Respondent

Second Respondent Third Respondent Fourth Respondent

DENOSA

Fifth Respondent

MASTER OF THE HIGH COURT

Sixth Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION THE CREDITORS OF THE SECOND RESPONDENT

Seventh Respondent

Eighth Respondent Ninth Respondent

HOSPERSA

PPLEMENTARY AFFI DAVIT

l, the undersigned,

YASEERA AMOD:

Y^ C

\\s

1501

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 2 of 27

do hereby make oath and state as follows

DEPONENT AND AUTHORITY

am a major female administration manager of the applicant that

has its principal place of employment at Louis Pasteur Building, 374 Francis Baard Street, Pretoria.

The facts herein contained are within my own

personal

knowledge and belief, save where stated otherwise or appears

different from the context hereof, and are to the best of my knowledge, both true and correct.

Where I make legal submissions, I do so on the advice of the applicant's legal representatives which I believe to be correct.

The purpose of this supplementary affidavit is to provide an update on the developments at the pharmacy after the date of my confirmatory affidavit on 23 December 2018.

On Wednesday 2 January 2019 two surgicalstore assistants (Mr

Mkhize and Mr Mahuntsi), one receiving clerk-driver (Mr Maeko)

and one assistant pharmacist (Mr Malindisa) did not report for

duty as usual and as is expected. I met Mr Mkhize and Mr Mahuntsi in the lift and they informed me that they were in the process of moving medical supplies from the eighth floor to the

1502

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 3 of 27

ground floor, which is the intended location for the proposed

pharmacy of the first respondent.

I questioned them in this

regard and they confirmed that they were called in by the new pharmacy management to move stock into the new pharmacy.

questioned them as to why they took instructions from persons who are not their employer, they had no response and further to that when I asked them who their new employer was they replied

that they cannot answer that. ! also witnessed Mr Maeko and Mr Malindisa moving stock and furniture into the same location'

On the 3rd of January 2A19 | sent all four employees letters stating that they have not reported for duty and that

I have

witnessed them carrying out duties for another company and if

they have found alternative employment they need to provide resignation letters and that they had until Thursday 03 January 2019 to respond.

I have not yet received any response

from

them.

I have also requested Mr Maeko to return the keys to the motorbike which was used for deliveries and errands for the applicant's pharmacy.

The manager of our neighbouring pharmacy JA Badenhorst, Mr Peter Ludick tendered in his resignation on the 1st of January 2019 with immediate effect. He was on the premises on the Znd

-/A

1503

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 4 of 27

of January 2019 and took his pharmacist assistant Louisa Mashigo along with him to join the new proposed pharmacy. He handed over the keys of the pharmacy to our front shop assistant

and proceeded to commence working at the new pharmacy

which is literally across the floor from the JA Badenhorst pharmacy. This resulted in the JA Badenhorst pharmacy having

to be closed for the day and to lose a day of business.

As at Friday 4 January 2019, the second respondent continues to order and the applicant continues to supply medical supplies

to it on credit terms as

instructed by the director Tendani

Muligwe. Orders placed by the second respondent with the applicant for the month ended 31 December 2018 amount to R

4 914 237.52 and R 263 350.26 for the month of January 2019 until the 4th January 2019. See Annexure A1.

10.

The first respondent is at alltimes aware of the amounts payable by the second respondent to the applicant. These amounts are easily ascertainable from the online system (tribal system) used by the second respondent for purposes of compiling and storing

financial records.

A monthly income analysis report can be

generated by the first respondent at a click on a button. These records indicate that a total amount of R 15 256 989'84 is due and payable by the second respondent to the applicant as at the 4th January 2019 ( See Annexure

A1 and A2 ) in respect of post

YA/ $N

1504

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 5 of 27

commencement debt for the period 8 June 2018 to 4 Jan 2019.

I have attached the monthly analysis reports for the months of June to December 2018 marked as Annexure A2.

DEPONENT

I certify that the deponent has acknowledged that s/he knows and understands the contents of this affidavit which was signed and sworn before me

at eenhlP,b;AJ

on this the 6th day of January 201 9,

and that the Regulations contained in Government Notice No. R1258 of

21 July 1972, as amended, and Government Notice No. R1648 of

August 1977, as amended, having been complied with.

1 b Ar.f 6

COMMISSIONER OF OATHS OFFICIAL CAPACITY AREA

CONS*PIu C

APPoINTED Ce'nlr-r

FULL STREET ADDRESS:

i nS

.lS .rrftdLertq [[\ tfc(L^qt3 Cec$qizi Ad SOUTH AFRICAN POLI CE SERVICE KANTORO YA DITLETLEBO

20lg -01- 0 6 WIERDABRUG SAPS

MAP H OD ISA A AFRIKA BO

1505

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 6 of 27 A{ - Statement of Account to LPHH as at 4 January 2O{9 - Page I of I

Annexure

RUBTCON GROUP(

PTY) LTO

rt})rco1

374 Francis Baard Street, Pretoria, 0002

Gtutrp

Box 11876, The Tramshed, Pretoria, South Africa 0126 REG,SfRAITON NO:

Tel:27 12336 6000 Fax; 27 12 3366047

1 99

5/ 007 17 5/07

STATEMENT TO:

LOUIS PASTEUR HOSPTTAL HOLDI]{GS ( PTY) LTD

Address:

BOX L1-876

THE TRAMSHED OOOI-

VAT

NO:

ACCOUM NUMBER

LOU 001

STATFJI,/,WT DATE

04 tonuory 2019

UN NA

40501"52778

4930L58938

This statement is for invoices issued from date of commencement of Business Rescue on the Sth June 2018 to the 5th January 2019. Note Oct 2018 lnvoice amount has been corrected. This annexure updates and replaces Annexure L1 on page 225

DATE OF

STATEMENT

21 122018

AMOUNT

DETA!LS

TOTAL JUNE INVOICES

5 574 0L7 .37

Less: Payments Received from 8 June 2018

-4 550 000.00

TOTAL JULY INVOICES

5 266 852.35

Less: Payments Received JulY 2018

-5 9s0 000.00

TOTAL AUGUST INVOICES

5 960 I64.9s

Less: Payments Received Aug 2018

-4 500 000.00

TOTAL SEPTEMBER INVOICES

5 437 642.45

Less: Payments Received SePt 2018

-3 403 000.00

TOTAL OCTOBER INVOICES

s 992 055.63

Less: Payments Received Oct 2018

-550 000.00

Less: Payments Made direct to Suppliers by LPHH in Oct 2018

-2 076 5L9.37

TOTAL NOVEMBER INVOICES

6 57L 478.72

Less: Payments Received Nov 2018

Less: Payments Made direct to Suppliers by LPHH in Nov 2018

-3 329 939.78

TOTAL DECEMBER INVOICES

4 9L4 237.52

Less: Payments Received Dec 2018

lnvoice for 1 to 4 January 2019

263 350.26

TOTAL DUE AS AT 21ST DECEMBER 2018

15 256 989.84

Ytr

(

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 7 of 27

Annexure

fil

Monthly lncome Analysis from tune 2018 to Dec 2O18 - Page 1 of

Monthly lncome Analysis

RptMonlncAnal Louis Pasteur Hospital

From 05/06/2078 to 04/07/2078 (lnclusive of

vAr)

Date :2Olt2l2OLg Page Number:1

Total

Description

Location

Type

ANTE NATAL

ADJ

Adjustments

ANTE NATAL

BIL

Tariff Billing

ANTE NATAL

CAN

Cancellations

-307.83 489.L2 -30 977.97

ANTE NATAL

DSH

Discha rge

305 069.80

ANTE NATAL

TRF

Transfer

ANTE NATAL

VAR

Variance

ANTE NATAL

WRD

CASUALTY

ADJ

26 470.65 22 259.53 89 909.48 -2 L47.L4 108 766.53 -4 8L6.42

CASUALTY

BIL

Ward Stock Adjustments Tariff Billing

CASUALTY

CAN

Cancellations

CASUALTY

ESP

External Service Pro

CASUALW

VAR

Va ria

CASUALTY

WRD

INTENSIVE CARE UNIT

ADJ

INTENSIVE CARE UNIT

BIL

Ward Stock Adjustments Tariff Billing

INTENSIVE CARE UNIT

CAN

Cancellations

INTENSIVE CARE UNIT

DSH

Discharge

nce

INTENSIVE CARE UNIT

ESP

Externa! Service Pro

INTENSIVE CARE UNIT

TRF

MEDICAL WARD

BIL

Transfer Ward Stock Adjustments Tariff Billing

MEDICAL WARD

CAN

Cancellations

INTENSIVE CARE UNIT

WRD

MEDICAL WARD

ADJ

MEDICAL WARD

DSH

Discharge

MEDICAL WARD

TRF

Transfer

MEDICAL WARD

VAR

Variance

MEDICAL WARD

WRD

MEDSURG

ADJ

MEDSURG

BIL

Ward Stock Adjustments Tariff Billing

MEDSURG

CAN

Cancellations

MEDSURG

DSH

Discharge

MEDSURG

ESP

External Service Pro

MEDSURG

TRF

Transfer

MEDSURG

VAR

Variance

MEDSURG

WRD

NEO NATAL lCU

ADJ

NEO NATAL ICU

BIL

Ward Stock Adjustments Tariff Billing

NEO NATAL ICU

CAN

Cancellations

NEO NATAL ICU

DSH

Discharge

NEO NATAL lCU

TRF

Transfer Ward Stock Adjustments Tariff Billing

NEO NATAL ICU

WRD

PAEDS

ADJ

PAEDS

BIL

1506

1 520.00 3 342.34

3 491.76 -854.08 290 743.92 -295 855.91 L LOz 243.3L 25 900.00 7 572 557.80 235 984.08 -308 494.65 142 881.83 -245 s57.93 L 629 680.22

453 5L2.45 -1 851.90 70 658.11 L24 796.69 41 080.14 -298 386.64

1913 928.L7 211510.58

ztt

986.44 -5 774.93 63 538.24 -t 277.42 256 L40.L2 -181 024.62 742 443.23 2 497 683.72 L47 455.72 6 352.39 L25 6s3.37

Y,\ C

\)t

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 8 of 27

1507

Annenure A2 - Monthly lncome Analysis from lune 2O18 to Dcc 2Ol8 - Page 2 of 21

Monthly lncome Analysis

RptMonlncAnal Louis Pasteur Hospital

From 05/06/2078 to 04/07/2018 (lnclusive of

vAr)

Date z ZO|LZ|aOIS

Time: 10:50 Page Number:2

Location

Type

Description

PAEDS

CAN

Ca nce

PAEDS

DSH

Discha rge

llations

PAEDS

ESP

External Service Pro

PAEDS

TRF

Transfer nce

PAEDS

VAR

Va ria

PAEDS

WRD

Ward Stock

PHARMACY

CAN

Cancellations

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

POST NATAL

ADJ

Ward Stock Adjustments Tariff Billing Ca nce llations

Total

-169 273.43 3 523 4L8.L2

L3 026.49 73 347.60 197 800.4s 119 310.38 -447 472.2L 2 7L2 287.7L 18 1ffi.01

POST NATAL

VAR

POST NATAL

WRD

Ward Stock

455 W0.67 38 223.32 939.58 -290 403.55 1 002 259.35 83 815.30 485 151.34 55 813.34

SURGICAL ICU

BIL

Tariff Billing

675.20

SURGICAL ICU

WRD

SURGICAL WARD

ADJ

89 590.54

POST NATAL

B!L

POST NATAL

CAN

POST NATAL

DSH

Discha rge

POST NATAL

TRF

Transfer Variance

SURGICAL WARD

BIL

Ward Stock Adjustments Tariff Billing

SURGICAL WARD

CAN

Cancellations

53.75 L2 984.42

SURGICAL WARD

DSH

Discha rge

SURGICAL WARD

ESP

External Service Pro

SURGICAL WARD

TRF

Transfer

SURGICAL WARD

VAR

Va ria

SURGICAL WARD

WRD

Ward Stock

-2s3 042.68 L L46 481.95 19 507.58 74 872.4s -45 340.s9 62277.89 697 964.67

nce

THEATRE 1

BIL

Tariff Billing

TH EATRE T

CAN

Cancellations

THEATRE T

ESP

External Service Pro

THEATRE 1

THT

Theatre Stock

THEATRE 2

BIL

Tariff Billing

TH EATRE 2

CAN

Cancellations

TH EATRE 2

ESP

External Service Pro

THEATRE 3

BIL

Tariff Billing Tariff Billing Ca ncellations

THEATRE 4

BIL

TH EATRE 4

CAN

THEATRE 4

ESP

External Service Pro

TH EATRE 4

THT

Theatre Stock

TH EATRE 5

BIL

Tariff Billing

THEATRE 5

CAN

Ca nce

TH EATRE 6

BIL

Tariff Billing

TH EATRE 5

CAN

Cancellations

llations

-58 138.s2 2 920.72 8 203.82 702 599.48 -LL7 955.93 L7 775.20 22 058.53 1 150 799.6s -L26 828.80 3 3s8.82 2 654"83

1033 9L5.7L -75 478.95

1033 4L5.73 -22 2ss.90

Yft

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 9 of 27

1508

Annenure A2 - Monthly lncome Analy:is from tune 2O18 to Dee 2O18 - Page 3 of 21

Monthly Income Analysis

RptMonlncAnal Louis Pasteur Hospita!

Date :201L2120L8

From 05/06/2078 to 04/07/2078 (lnclusive of

Time : 10:50

vAr)

Page Number:3

Type

Description

Total

THEATRE G!

BIL

Tariff Billing

THEATRE GI

CAN

Cancellations

THEATRE STORE

CAN

TH EATRE STORE

THT

Ca nce llations Theatre Stock

79 130.95 -4 070.56 -50 231.88

WARD A

ADJ

Adj ustme nts

WARD A

BIL

Tariff Billing

WARD A

CAN

Cancellations

Location

WARD A

DSH

Discharge

WARD A

WRD

Ward Stock

1957 739.87 -43L.46

393.90 -53 857.65 1 695 930.75

20 367.44

External Services:

lncome Total:

28 038 576.31

RUBICON INVOICE TO HOSPITAT RECON

MEDICAL WARD

WRD

MEDSURG

WRD

NEO NATAL ICU

WRD

PAEDS

WRD

Ward Ward Ward Ward Ward Ward Ward

PHARMACY

CAN

Cancellations

PHARMACY

PHR

Pharmacy Stock

ANTE NATAL

WRD

CASUALTY

WRD

INTENSIVE CARE UNIT

WRD

Stock

3 49L.76

Stock

235 984.08

Stock

70 558.11

Stock

53 538.24 L47 455.72 119 310.38

Stock Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

POST NATAL

WRD

Ward Stock Ward Stock Ward Stock Theatre Stock Theatre Stock Theatre Stock Ward Stock

SURGICAL WARD

WRD

TH EATRE 1

THT

THEATRE 4

THT

THEATRE STORE

THT

WARD A

WRD

89 909.48

Stock

TO BE TNVOTCED TO LOUIS PASTEUR HOSPTTAL HOLDTNGS (PTY) LTD

-447 072.2L 2 712 287 .7L 18 164.01

455 84A.67 55 8L3.34 62 277 .89 8 203.82 2 664.83

957 739.87

20 361.04 R5 576 628.74

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 10 of 27

Annexure A2 - Monthty lncome Analysls from tune 20t8 to Dec 2Ot8 - Page 4 of

RptMonlncAnal

Monthly lncome Analysis

Date:2OlI2l2Ol8

From 05/07/2018 to 04/05/2018 (lnclusive of VAT)

Page Number :1

Louis Pasteur Hospital

Location

Description

ANTE

ADJ

ANTE

BIL

Adjustments Tariff Billing Ca ncellations

369.36 -51 433.06 167 997.27

INTENSIVE CARE INTENSIVE CARE INTENSIVE CARE

UNIT UNIT UNIT UNIT UNIT UNIT

CAN

-2 510.87

DSH

Discha rge

TRF

Transfer

VAR

Va ria

nce

L8 597.75

WRD

Ward Stock Adjustments Tariff Billing Ca ncellations

98 317.43

ADJ BIL CAN

WRD

Wa rd Stock

ADJ

Adjustments Tariff Billing Ca ncellations

BIL CAN

-t 527 .55 777 355.51 -2 048.35 366.01 -1 936.48 155 169.36 -305 862.89 357 597.50

DSH

Discha rge

TRF

t 463110.80

WRD

Transfer Wa rd Stock

LEGAE CLINIC PHARMA( WRD

Wa rd Stock

WARD MEDICAL WARD MEDICAL WARD MEDICAL WARD MEDICAL WARD MEDICAL WARD MEDICAL WARD MEDICAL WARD MEDSURG MEDSURG MEDSURG MEDSURG MEDSURG MEDSURG MEDSURG MEDSURG NEO NATAL ICU NEO NATAL ICU NEO NATAL ICU NEO NATAL ICU NEO NATAL ICU NEO NATAL ICU PAEDS PAEDS PAEDS

2.74 -2 799.77 37 777.14

CAN

Adjustments Tariff Billing Ca ncellations

DSH

Discha rge

INTENSIVE CARE INTENSIVE CARE INTENSIVE CARE MEDICAL

ADJ BIL

315 987.95

-r22 216.45 L 375 079.05 18 061.30

ESP

External Service Pro

TRF

Transfer

VAR

Va ria nce

-2 522.50 62 446.A6 4 823.L7

WRD

Wa rd Stock

ADJ

Adj ustments

BIL CAN

Tariff Billing Ca ncellations

DSH

Discha rge

ESP

External Service Pro

TRF

Transfer

VAR

Va ria

WRD

Ward Stock Adjustments Tariff Billing Ca ncellations

ADJ BIL

CAN

nce

DSH

Discha rge

TRF

Transfer

WRD

Wa rd Stock

ADJ

Adjustments Tariff Billing Ca ncellations

BIL CAN

Total

Type

NATAL NATAL ANTE NATAL ANTE NATAL ANTE NATAL ANTE NATAL ANTE NATAL CASUALTY CASUALW CASUALTY CASUALW

1509

ttL

214.90

54 893.45

-180 722.83 1 581 09s.11

22 747 .53 745 298.65 -3 840.01

84 823.78 -353.15

!22 849.84 -241018.51 889 309.65 L 073 927.70 142 866.88

-9 409.77 3L 841.07 -770 500.28

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 11 of 27

Annexure

RptMonlncAnal

Al2 -

Monthly lncome Analysis from tune 2018 to Dec 2O18 - Page 5 of 21

Monthly Income Analysis From 0s/07/2018 tu 0a/08/2018

Louis Pasteur Hospital

1510

(lnclusive of VAT)

Date z20lI2l20I8 Time : 10:57 Page Number :2

Location

Type

Description

Total

L 787 144.96

PAEDS

DSH

Discha rge

PAEDS

ESP

External Service Pro

PAEDS

TRF

Transfer

rIL 288.45

nce

255 396.27

PAEDS

VAR

Va ria

PAEDS

WRD

Wa rd Stock

PHARMACY

CAN

12 800.00

ncellatio ns

7L 326.84 -377 369.62 2 705 648.19

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

lL 4!7.62

PHARMACY

WRD

POST NATAL

ADJ

396 908.97 -2 s79.6r

POST NATAL

BIL

Ward Stock Adjustments Tariff Billing

POST NATAL

CAN

ncellatio ns

6 r0L.47 -275 356.66

POST NATAL

DSH

Discha rge

POST NATAL

ESP

External Service Pro

29 943.09

POST NATAL

TRF

Transfer

2L 747.31

POST NATAL

VAR

Va ria

nce

7L3 832.51

POST NATAL

WRD

SURGICAL ICU

ADJ

SURGICAL WARD

ADJ

L 182 831.12

SURGICAL WARD

BIL

Ward Stock Adjustments Adjustments Tariff Billing

SURGICAL WARD

CAN

SURGICAL WARD

DSH

Discha rge

SURGICAL WARD

ESP

External Service Pro

SURGICAL WARD

TRF

Transfer

53 066.75

SURGICAL WARD

VAR

Va ria

nce

-50 099.52

SURGICAL WARD

WRD

THEATRE 1

BIL

Ward Stock Tariff Billing

ncel latio ns

50 31s.89

-0.30 -3 846.50 25 084.54 -81 815.61 1 183 973.98 5 659.10

27 735.32

THEATRE 1

CAN

ncellatio ns

588 101.43 -51 503.72

THEATRE 1

THT

THEATRE 2

BIL

Theatre Stock Tariff Billing

247 858.55

THEATRE 2

CAN

THEATRE 3

BIL

Tariff Billing

THEATRE 3

CAN

Cancellations

THEATRE 4

BIL

THEATRE 4

CAN

THEATRE 5

BIL

Tariff Billing Ca ncellations Tariff Billing

THEATRE 5

CAN

Cancellations

THEATRE 5

ESP

External Service Pro

THEATRE 6

BIL

1 091 s80.06

-133 082.11

ncellatio ns

THEATRE 6

CAN

THEATRE GI

BIL

THEATRE GI

CAN

Tariff Billing Ca ncellations Tariff Billing Ca ncellations

THEATRE STORE

CAN

Cancellations

4 989.35

-310.00 67 275.L7 -5 590.95 652 25r.64 -43 302.33 1 304 055.30

-75 662.43

t 4t4.ot -81 129.99 52 686.93 -9 755.50

YA C

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 12 of 27

1511

Annexure A2 - Monthly lncorne Analysls from tune 2O18 to Dec 2O18 - Page 6 of 21

Monthly Income Analysis

RptMonlncAnal

From 05/07/2018 to 04/05/2018 (lnclusive of VAT)

Louis Pasteur Hospital

Date z20lI2l20I8 Time : 10:57 Page Number:3

Type

Location

Total

Description

THEATRE STORE

ESP

External Service Pro

THEATRE STORE

THT

WARD A

ADJ

Theatre Stock Adjustments

WARD A

CAN

Cancellations

WARD A

DSH

Discha rge

WARD A

WRD

Ward Stock

6 6s9.09 L 645 478.76

-222.r2 -635.94 L 743 320.10

20 642.46

External Services:

lncome Total:

22 26t 955.33

RUBICON INVOICE TO HOSPITAL RECON

NATAL CASUALTY

WRD

Wa rd Stock

98 3 t7 .43

WRD WRD

Ward Stock Ward Stock

315 987.95

LEGAE CLINIC PHARMA( WRD

Wa rd Stock

2.74

WARD MEDSURG NEO NATAL ICU PAEDS PHARMACY POST NATAL SURGICAL WARD WARD A PHARMACY THEATRE 1 THEATRE STORE PHARMACY PHARMACY

WRD

Wa rd Stock

ANTE

INTENSIVE CARE MEDICAL

UNIT

355.01

WRD

Ward Stock

WRD

Wa rd Stock

62 446.46 84 823.78 142 866.88

WRD WRD

Ward Stock Ward Stock

395 908.97

7L 326.84

WRD

Wa rd Stock

60 315.89

WRD

Ward Stock

27 735.32

WRD

Wa rd Stock

20 642.46

TTO

To Take Out

THT THT

Theatre Stock Theatre Stock

L 645 418.76

PHR

Pharmacy Stock

2705 648.19

CAN

Cancellations

TO BE TNVOTCED TO LOU|S PASTEUR HOSPTTAL HOLDTNGS (PTY) LTD

477.62

4 989.3s

-377 369.62 R5 271

8M.63

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 13 of 27

Annexure

RptMonlncAnal

fil

Monthly lncone Analysls from tune

2O18

Dec 2O18 - Page 7 of 21

Monthly Income Analysis

Date :20lL2l2OLg

From 0s/08/2018 to 04/09/2078

Page Number :1

Louis Pasteur Hospital

Location

Type

Description

ANTE NATAL

ADJ

ANTE NATAL

BIL

Adjustments Tariff Billing

ANTE NATAL

CAN

Cancellations

ANTE NATAL

DSH

Discha rge

Total

-7.23 364.99

-7 646.48 240 482.23

ANTE NATAL

WRD

Ward Stock

73 4r0.7L

CASUALTY

ADJ

CASUALTY

BIL

Adjustments Tariff Billing

L32 386.44

CASUALTY

CAN

CASUALTY

VAR

CASUALTY

WRD

INTENSIVE CARE UNIT

ADJ

-68.80 -6 228.9L -183.40

Cancellations Variance Ward Stock

INTENSIVE CARE UNIT

B!L

Adjustments Tariff Billing

INTENSIVE CARE UNIT

CAN

7 623.07 -496.48 340 298.78

ncellations

-577 927.24

INTENSIVE CARE UNIT

DSH

Discha rge

INTENSIVE CARE UNIT

ESP

External Service Pro

!NTENSIVE CARE UNIT

TRF

Tra nsfe r

INTENSIVE CARE UN!T

WRD

Ward Stock

MEDICAL WARD

ADJ

7 247 401.08

280 237.44

27L2 424.L3 355 743.77 45 565.67 s0 700.42

MEDICAL WARD

BIL

Adjustments Tariff Billing

MEDICAL WARD

CAN

MEDICAL WARD

DSH

Discha rge

MEDICAL WARD

ESP

External Service Pro

707 013.86 97 204.86

t74 LL8.75

-L37 438.37

ncellations

MEDICAL WARD

TRF

Tra nsfe r

MEDICAL WARD

WRD

Ward Stock

MEDSURG

ADJ

MEDSURG

BIL

Adjustments Tariff Billing

MEDSURG

CAN

Cance!!ations

MEDSURG

DSH

Discha rge

MEDSURG

ESP

M EDSU RG

TRF

External Service Pro Transfer

MEDSURG

VAR

Va ria nce

MEDSURG

WRD

Ward Stock

NEO NATAL ICU

ADJ

NEO NATAL ICU

BIL

Adjustments Tariff Billing

70 593.59 25 035.65

83 625.28 -88 323.29 7 42s 384.60 2r7 678.53 203 202.33 -7 455.44 5s 545.56 -327.9L

NEO NATAL ICU

CAN

Cancellations

320 849.s4 -240 409.25

NEO NATAL ICU

DSH

Discharge

488 435.37

NEO NATAL ICU

ESP

NEO NATAL ICU

TRF

External Service Pro Transfer Ward Stock

NEO NATAL ICU

WRD

PAEDS

ADJ

PAEDS

BIL

Adjustments Tariff Billing

PAEDS

CAN

Cancellations

PAEDS

DSH

Discharge

1512

12 038.40 2 322 522.60 138 865.68 -1 306.78 55 185.41, -178 L23.L7 2 487 465.09

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 14 of 27

1513

Annexure A2 - Monthly lncome Analysls from lunc 2O18 to Dec 2018 - Page 8 of 21 RptMonlncAnal

Monthly Income Analysis From 05/08/2018 to 04/09/2078

Louis Pasteur Hospital

Date:2OlL2l2OL8 Time : 11:16 Page Number:2

Location

Type

Description

PAEDS

ESP

Externa! Service Pro

PAEDS

TRF

Transfer

PHARMACY

CAN

PHARMACY

PHR

Variance Ward Stock Ca ncellations Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

Ward Stock

POST NATAL

ADJ

PAEDS

VAR

PAEDS

WRD

POST NATAL

BIL

Adjustments Tariff Billing

POST NATAL

CAN

Cancellations

POST NATAL

DSH

Discha rge

POST NATAL

TRF

POST NATAL

VAR

Transfer Variance Ward Stock Ward Stock

POST NATAL

WRD

SURGICAL lCU

WRD

SURGICAL WARD

ADJ

SURGICAL WARD

BIL

Adjustments Tariff Billing

SURGICAL WARD

CAN

Cancellations

SURGICAL WARD

DSH

Discharge

SURGICAL WARD

ESP

SURGICAL WARD

TRF

SURGICAL WARD

VAR

SURGICAL WARD

WRD

External Service Pro Transfer Variance Ward Stock Tariff Billing

THEATRE 1

BIL

THEATRE 1

CAN

THEATRE 1

THT

Cancellations Theatre Stock Tariff Billing Cancellations External Service Pro Tariff Billing

THEATRE 2

BIL

THEATRE 2

CAN

THEATRE 2

ESP

THEATRE 3

BIL

THEATRE 3

CAN

Cancellations

THEATRE 4

BIL

Tariff Billing

THEATRE 4

CAN

THEATRE 5

BIL

THEATRE 5

CAN

Cance!!ations Tariff Billing Ca ncellatio ns

THEATRE 5

BIL

Tariff Billing

THEATRE 6

CAN

THEATRE STORE

CAN

THEATRE STORE

THT

Cancellations ncellatio ns Theatre Stock

WARD A

ADJ

Adjustments

WARD A

CAN

WARD A

DSH

Discharge

ncellatio ns

Total

13 200.00 L73 962.26

32s.29 100 829.80 -492 571.05 3 L49 485.69 72 L64.72 487 554.40 9 163.69 929.88 -L47 054.26 839 367.72 14 055.00 364 301.45 57 332.93 3 071.82 7 695.L7 L79 198.87 -199 296.88 L 246 98L.58 63 725.27 L79 637.75 -104.75

23 987.28 349 789.33 -2L 908.94 4 770.88 42! 658.04 -7 5L4.56 L8 627.93 115 480.L7 -4 958.61

757 527.43 -31 130.20 970 070.L7 -50 39L.47 1,072 002.03 -LO4 979.94 -138 207.85 7 907 L82.48 -457.09

-7798.87 L 489 825.50

Y+r

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 15 of 27

1514

Annexure A2 - Monthly lncome Analysis from lune 2O18 to Dec 2Ol8 - Page 9 of 21 RptMonlncAnal

Monthly lncome Analysis From 05/08/2018 to 04/09/2018

Louis Pasteur Hospital

Date z2OlL2l20Lg Time : 11:16 Page Number :3

Location

Type

Description

Total

WARD A

WRD

Ward Stock

15 472.82

External Services:

lncome Tota!:

26 966 566.07

Income Tota!:

22 261 955.33

RUBICON INVOICE TO HOSPITAL RECON ANTE NATAL

WRD

CASUALW

WRD

INTENSIVE CARE UNIT

WRD

MEDICAL WARD

WRD

MEDSURG

WRD

NEO NATAL ICU

WRD

PAEDS

WRD

PHARMACY

WRD

POST NATAL

WRD

SURGICAL ICU

WRD

SURGICAL WARD

WRD

Ward Stock Stock Stock Stock Stock Stock Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Ward Ward Ward Ward Ward

WARD A

WRD

Ward Stock

PHARMACY

TTO

To Take Out

THEATRE 1

THT

THEATRE STORE

THT

Theatre Stock Theatre Stock Pharmacy Stock Cancellations

PHARMACY

PHR

PHARMACY

CAN

TO BE TNVOTCED TO LOU|S PASTEUR HOSPTTAL HOLDTNGS (PW) LTD

73 4!0.7L 7 623.07 356 743.77 70 593.59 55 645.56 138 866.68 100 829.80 48L 554.40

s7 332.93 3 077.82 23 987.28 L5 472.82 L2 L64.72 4 774.88 L 947 L82.48 3 !49 485.69 -492 571.05 R5 960 165.15

7k ( +s

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 16 of 27

1515

Annexure All - Monthly lncome Analysis from lune 2O18 to Dec 2O18 - Page tO of Zl

RptMonlncAnal

Monthly lncome Analysis

Date :2AlL2l2OL8

From 05/09/2078 to 04/70/2018

Page Number :1

Louis Pasteur Hospital

Location

Type

Description

ANTE NATAL

ADJ

ANTE NATAL

BIL

Adjustments Tariff Billing

ANTE NATAL

CAN

Cancellations

Total

-1 404.33

ANTE NATAL

DSH

Discha rge

ANTE NATAL

VAR

Variance Ward Stock

2 645.80 -30 084.60 292 408.44 24 704.73 79 LL2.93

Adjustments Tariff Billing

L27 610.45

ncellatio ns

-1 488.62

ANTE NATAL

WRD

CASUALTY

ADJ

CASUALTY

BIL

CASUALTY

CAN

CASUALW

VAR

CASUALTY

WRD

Variance Ward Stock

INTENSIVE CARE UNIT

ADJ

INTENSIVE CARE UNIT

B!L

Adjustments Tariff Billing

INTENSIVE CARE UNIT

CAN

ncellations

INTENSIVE CARE UNIT

DSH

Discha rge

INTENSIVE CARE UNIT

ESP

External Service Pro

INTENSIVE CARE UNIT

TRF

Tra nsfe r

INTENSIVE CARE UNIT

WRD

Ward Stock

MEDICAL WARD

ADJ

MEDICAL WARD

BIL

Adjustments Tariff Billing

MEDICAL WARD

CAN

Cancellations

MEDICAL WARD

DSH

Discha rge

MEDICAL WARD

ESP

MEDICAL WARD

TRF

Externa! Service Pro Transfer Ward Stock

MEDICAL WARD

WRD

MEDSURG

ADJ

MEDSURG

BIL

Adjustments Tariff Billing

MEDSURG

CAN

ncellations

MEDSURG

DSH

Discharge

MEDSURG

TRF

Transfer

MEDSURG

WRD

Ward Stock

NEO NATAL ICU

ADJ

NEO NATAL ICU

B!L

Adjustments Tariff Billing

NEO NATAL lCU

CAN

NEO NATAL ICU

DSH

Discha rge

Transfer Ward Stock

ncellations

NEO NATAL ICU

TRF

NEO NATAL ICU

WRD

PAEDS

ADJ

PAE DS

BIL

Adjustments Tariff Billing

PAEDS

CAN

Cancellations

PAEDS

DSH

Discharge

PAEDS

ESP

PAEDS

TRF

External Service Pro Transfer

-532.92

526.92 L 407.L0 -3 567.59 245 198.10 -589 528.48 588 289.97 239 666.23 2 588 644.85 383 253.00 -2 460.68 57 353.44 -200 973.46 1 398 305.53 37 078.36 L78 736.30

63 474.85 -L 457.42 165 295.51 -249 897.97 1457 033.71 4I8 736.20

59 201.86 -3 081.66 58 593.04 -246 853.70 438 L42.02 772 242.60 205 039.72 -3 545.53 53 701.98 -27 7L8.32 2 996 2s0.L2 3 823.60 2 527.00

YfC

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 17 of 27

Annerure RptMonlncAnal

Ai2 -

Monthty lncome Analyris from lune

Monthly lncome Analysis From 05/09/2078 to 04/70/2018

Louis Pasteur Hospital

1516

2O18 to Dec 2Ol8 - Page 11 of 21

Date

2O|IZ|ZzOLB

Time : 11:30 Page Number:2

Location

Type

Description

Total

119 680.76

PAEDS

VAR

PAEDS

WRD

Variance Ward Stock ncellations

PHARMACY

CAN

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

POST NATAL

ADJ

Ward Stock Adjustments

POST NATAL

BIL

Tariff Bi!ling

POST NATAL

CAN

POST NATAL

DSH

Discharge

POST NATAL

ESP

POST NATAL

TRF

POST NATAL

VAR

External Service Pro Transfer Variance

ncellations

988.4s -375 665.04 2 897 365.64 10 6s3.58 438 249.L7 -2 060.98 1 023.93 -284 33I.97 1 081 774.38

r42 8L6.42 17 896.95 399 115.18 51 508.87 -2 550.88 -9 829.95

SURGICAL WARD

BIL

Ward Stock Ca ncellations Adjustments Tariff Billing

SURGICAL WARD

CAN

Cancellations

SURGICAL WARD

DSH

Discha rge

SURGICAL WARD

ESP

Externa! Service Pro

SURGICAL WARD

TRF

Transfer

!11009.86

SURGICAL WARD

VAR

Va ria nce

-34 746.74

SURGICAL WARD

WRD

TH EATRE 1

BIL

Ward Stock Tariff Billing Cancellations Theatre Stock Tariff Billing Ca ncellations Tariff Billing

POST NATAL

WRD

SURGICAL ICU

CAN

SURGICAL WARD

ADJ

THEATRE 1

CAN

THEATRE 1

THT

THEATRE 2

BIL

THEATRE 2

CAN

THEATRE 3

BIL

THEATRE 3

CAN

Cancellations

THEATRE 4

BIL

Tariff Billing

THEATRE 4

CAN

Cancellations Tariff Billing

THEATRE 5

BIL

THEATRE 5

CAN

THEATRE 5

BIL

Tariff Billing

THEATRE 5

CAN

THEATRE 6

ESP

THEATRE GI

BIL

THEATRE GI

CAN

THEATRE STORE

CAN

THEATRE STORE

ESP

THEATRE STORE

THT

External Service Pro Tariff Billing Cancellations Cancellations Externa! Service Pro Theatre Stock

WARD A

ADJ

Adjustments

ncellations ncellatio ns

36 663.06

-105 493.L2 1046 242.33 97 926.L9

22 389.s9 469 007.32

-13 315.70 4 943.21 254 499.40 -25 233.50 113 908.18 -3 450.00 850 305.34 -63 591.00 664 818.84 -64 926.27 1 096 834.54 -57 654.72 L4 967.75 1 509.52 -727.30 -L47 950.32 5 023.5s 1 450 259.68 -386.40

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 18 of 27

Annexure RptMonlncAnal

Al2 -

Monthly lncome Analysls from tune 2Ol8 to

Monthly Income Analysis From 0s/09/2018 to 04/70/2018

Louis Pasteur Hospita!

Date

1517

Oec 2Ot8 - Page 12 of 21

20lL2l20LS

Time : 11:30 Page Number:3

Location

Type

Description

WARD A

CAN

Cancellations

WARD A

DSH

Discharge

WARD A

WRD

Ward Stock

Tota!

-2 775.56 7 499 982.90 16 667.57

External Services:

lncome Total:

23 324741.90

RUBICON INVOICE TO HOSPITAL RECON

PHARMACY

PHR

Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Ward Stock Theatre Stock Theatre Stock To Take Out Pharmacy Stock

PHARMACY

CAN

Cancellations

ANTE NATAL

WRD

CASUALW

WRD

!NTENSIVE CARE UNIT

WRD

MEDICAL WARD

WRD

MEDSURG

WRD

NEO NATAL ICU

WRD

PAEDS

WRD

PHARMACY

WRD

POST NATAL

WRD

SURGICAL WARD

WRD

WARD A

WRD

TH EATRE 1

THT

THEATRE STORE

THT

PHARMACY

TTO

TO BE TNVOTCED TO LOU|S PASTEUR HOSPTTAL HOLDTNGS (PTY)

79 LL2.93 L 407.L0 383 253.00

63 474.85 59 201.85 205 039.72 119 580.75 438 249.L7 61 608.87 22 389.59 L6 667.57 4 943.2L 1 450 259.68 10 653.58 2 897 365.64 -375 665.04

rrD

R5 437 642.49

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 19 of 27

Annexure

RptMonlncAnal

Al2 -

Monthly lncome Analysis from tune

Monthly lncome Analysis From 05/10/2018 to 04/71/2018

Louis Pasteur Hospital

(lnclusive of VAf)

Location

Type

Description

ANTE NATAL

ADJ

ANTE NATAL

BIL

ANTE NATAL

CAN

Adjustments Tariff Billing Ca ncellations

ANTE NATAL

DSH

Discha rge

ANTE NATAL

TRF

Transfer

ANTE NATAL

VAR

Va ria

ANTE NATAL

WRD

CASUALTY

ADJ

nce

2O18

to Dec 2O18 - Page

Page Number:1

Total

-32.56 268.46 -702458.02 429735.4L

794tL.8L 3310.41

CASUALTY

BIL

CASUALW

CAN

CASUALTY

ESP

External Service Pro

CASUALW

VAR

Varia nce

CASUALW

WRD

INTENSIVE CARE UNIT

ADJ

-467954.54

548780.73

INTENSIVE CARE UNIT

BIL

INTENSIVE CARE UNIT

CAN

INTENSIVE CARE UNIT

DSH

Discha rge

INTENSIVE CARE UNIT

ESP

External Service Pro

INTENSIVE CARE UNIT

TRF

Transfer

1t2494.75 -329.29 113702.94

-3083.94 11960

s90.66 9s5.28 -586.1s 378783,12

507737.45

3614830.73

INTENSIVE CARE UNIT

WRD

Wa rd Stock

MEDICAL WARD

ADJ

Adjustme nts

MEDICAL WARD

BIL

MEDICAL WARD

CAN

Tariff Billing Ca ncellations

-723345.76

MEDICAL WARD

DSH

Discha rge

7372363.93

253856.24

8156.1 53834.52

4376.68

MEDICAL WARD

ESP

External Service Pro

MEDICAL WARD

TRF

Tra

nsfer

76842L.5

MEDICAL WARD

VAR

Variance

MEDICAL WARD

WRD

Wa rd Stock

-318.58 55098.91

MEDSURG

ADJ

Adjustme nts

-2545.46

MEDSURG

BIL

92122.88

MEDSURG

CAN

Tariff Billing Ca ncellations

MEDSURG

DSH

Discha rge

MEDSURG

ESP

External Service Pro

MEDSURG

TRF

Transfer nce

MEDSURG

VAR

Va ria

MEDSURG

WRD

Wa rd Stock

NEO NATAL ICU

ADJ

NEO NATAL ICU

B!L

NEO NATAL ICU

CAN

Adjustments Tariff Billing Ca ncellations

NEO NATAL ICU

DSH

Discha rge

NEO NATAL ICU

TRF

Tra

NEO NATAL ICU

WRD

PAEDS

ADJ

nsfer Ward Stock Adjustments

13 of 21

Date z 2OlI2l2AI8

Ward Stock Adjustments Tariff Billing Ca ncellations

1518

-152745.62 120938 4.74

310585.89 L79r85.2 1253.L 49492.52 -L706.76 155081.25

-159548.97 847652.35 2049066.55

2L4L2L.6 -1058.61

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 20 of 27

Annexure

RptMonlncAna!

Al2 -

1519

Momhly lncome Analysls from lune 2O18 to Dec 2O18 - Page 14 of 21

Monthly Income Analysis From 05/10/2018 to 04/11/2015

Louis Pasteur Hospital

(lnclusive of VAT)

Date :20ll2l201.g Time : 11:40 Page Number :2

Type

Description

PAEDS

BIL

PAEDS

CAN

Tariff Billing Ca ncellations

PAEDS

DSH

Discha rge

PAEDS

ESP

External Service Pro

PAEDS

TRF

Transfer

79955.85

PAEDS

VAR

Va ria nce

PAEDS

WRD

Ward Stock

5188.34 78563.26

Location

latio ns

PHARMACY

CAN

Ca ncel

PHARMACY

PHR

Pharmacy Stock

Tota!

34942.25 -35444.19 2000275.33

7200

-356L2L.19

2996777.47

PHARMACY

TTO

To Take Out

7L43.2L

PHARMACY

WRD

5L5746.76

POST NATAL

ADJ

POST NATAL

BIL

Ward Stock Adjustments Tariff Billing

POST NATAL

CAN

ncellatio ns

27955.77

7790.79 -225418.99

937320.L6 2200

POST NATAL

DSH

Discha rge

POST NATAL

ESP

External Service Pro

POST NATAL

TRF

Transfer

L7255.4

POST NATAL

VAR

Va ria

nce

492381.33

POST NATAL

WRD

SURGICAL WARD

ADJ

SURGICAL WARD

BIL

Ward Stock Adjustments Tariff Billing

SURGICAL WARD

CAN

Cancellations

SURGICAL WARD

DSH

Discha rge

SURGICAL WARD

ESP

External Service Pro

770405.74

SURGICAL WARD

TRF

Transfer

786478.04

SURGICAL WARD

VAR

Varia nce

-53841.17

SURGICAL WARD

WRD

THEATRE 1

BIL

THEATRE 1

CAN

THEATRE 2

B!L

Ward Stock Tariff Billing Ca ncellations Tariff Billing

THEATRE 2

CAN

THEATRE 2

ESP

External Service Pro

THEATRE 3

BIL

Tariff Billing

ncellatio ns

63667.9

5286.13 771750.46

-2r7L26.57 118805 r.78

3s529.5

7t3L25.tL -49280.89 485354.89 -3413.36 3413.35 119355.65

THEATRE 3

CAN

ncellatio ns

-1L27.L8

THEATRE 4

BIL

9!5445.44

THEATRE 4

CAN

THEATRE 5

BIL

Tariff Billing Ca ncellations Tariff Billing

-47307.05

THEATRE 5

CAN

Cancellations

655466.97 -7331.53

THEATRE 6

BIL

TH EATRE 6

CAN

Tariff Billing Ca ncellations

1098076.28 -75816.9L L874.56

THEATRE 6

ESP

External Service Pro

THEATRE RECOVERY

THT

Theatre Stock

3294.3

THEATRE STORE

CAN

ncellatio ns

-308348.48

x "(

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 21 of 27

Annerure All - Monthty lncome Analysis from lune 2O18 to Dec 2O18 - Page

RptMonlncAnal

Monthly lncome Analysis From 05/10/2018 to 04/11/2018

Louis Pasteur Hospital

(lnclusive of VAT)

1520

of 21

Date z 20lI2l2OLg Time : 11:40 Page Number:3

Location

Type

Description

THEATRE STORE

THT

WARD A

ADJ

WARD A

CAN

Theatre Stock Adjustments Ca ncellations

WARD A

DSH

Discha rge

WARD A

WRD

Ward Stock

External Services:

Total

1957474.24 -351.12

-43173 1501131.8 13859.78 0

lncome Total:

26756652.18

RUBICON INVOICE TO HOSPITAL RECON

MEDICAL WARD

WRD

M EDSU RG

WRD

NEO NATAL ICU

WRD

Ward Ward Ward Ward Ward Ward

PAEDS

WRD

Wa rd Stock

PHARMACY

WRD

POST NATAL

WRD

SURGICAL WARD

WRD

Ward Stock Ward Stock Ward Stock Ward Stock Theatre Stock Theatre Stock To Take Out

ANTE NATAL

WRD

CASUALTY

WRD

INTENSIVE CARE UNIT

WRD

WARD A

WRD

THEATRE RECOVERY

THT

THEATRE STORE

THT

PHARMACY

TTO

Stock

172494.75

Stock

955.28 2538s6.24 55098.91

Stock Stock Stock

49492.52

Stock

2L4L2L.6 78563.26 575746.76 63667.9

35529.6 13859.78 3294.3

PHARMACY

PHR

Pharmacy Stock

t957474.24 7L43.2L 2996777.47

PHARMACY

CAN

ncellations

-366L2L.79

TO BE TNVOTCED TO rOUrS PASTEUR HOSPTTAL HOLDTNGS (PTY) LTD

R5 992 0s5.53

x N(

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 22 of 27

Annexure

RptMonlncAnal

Monthly lncome Analysls from lune

Ai2 -

Monthly Income Analysis From 05/11/2018 to 04/72/2018

Louis Pasteur Hospital

(lnclusive of VAT)

ZO18

to Dec 2Ot8 - Page

Page Number :1

Type

ANTE NATAL

ADJ

Adjustme nts

-97.92

ANTE NATAL

BIL

196.10

ANTE NATAL

CAN

Tariff Billing Ca ncellations

ANTE NATAL

DSH

Discha rge

ANTE NATAL

TRF

Transfer

3 818.20

ANTE NATAL

VAR

Va ria nce

ANTE NATAL

WRD

3 345.08 365 24L36

CASUALW

ADJ

CASUALTY

BIL

CASUALTY

CAN

Ward Stock Adjustments Tariff Billing Ca ncellations

CASUALTY

ESP

External Service Pro

Total

Description

WRD

Wa rd Stock

INTENSIVE CARE UNIT

ADJ

INTENSIVE CARE UNIT

BIL

INTENSIVE CARE UN!T

CAN

Adjustments Tariff Billing Ca ncellations

-331 275.84 230 586.41

-473.52 85 713.51 -391.02 2 680.00 648.79

-L 282.39 352 325.48 -773 055.88

077 936.55

INTENSIVE CARE UNIT

DSH

Discharge

INTENSIVE CARE UNIT

ESP

External Service Pro

INTENSIVE CARE UNIT

TRF

2787 379.09

INTENSIVE CARE UNIT

WRD

MEDICAL WARD

ADJ

MEDICAL WARD

BIL

MEDICAL WARD

CAN

nsfer Wa rd Stock Adjustments Tariff Bi!ling Ca ncellations

MEDICAL WARD

DSH

Discharge

1 819 402.98

Tra

20L 984.08

354 549.27 -893.61 104 879.L7 -143 981.35

456.70

MEDICAL WARD

ESP

External Service Pro

MEDICAL WARD

TRF

Transfer

MEDICAL WARD

VAR

Varia nce

MEDICAL WARD

WRD

Ward Stock

MEDSURG

ADJ

Adjustme nts

-2 875.40

MEDSURG

BIL

MEDSURG

CAN

Tariff Billing Ca ncellations

52 079.26 -155 262.81

MEDSURG

DSH

Discha rge

MEDSURG

ESP

External Service Pro

MEDSURG

TRF

Transfer

MEDSURG

VAR

Va ria nce

MEDSURG

WRD

Ward Stock

NEO NATAL ICU

ADJ

Adjustme nts

-2 685.81

NEO NATAL ICU

BIL

77 748.04

NEO NATAL ICU

CAN

Tariff Billing Ca ncellations

NEO NATAL ICU

DSH

Discharge

NEO NATAL ICU

ESP

External Service Pro

NEO NATAL ICU

TRF

Transfer

NEO NATAL ICU

WRD

Wa rd Stock

PAEDS

ADJ

Adjustments

16 of 21

Date :20lI2l20LB

Location

CASUALTY

1521

200 910.13 -40.95 79 050.95

L 283 75r.76

12 682.53 375 459.35 3 742.17 57 757.80

-363 261.88 32s 238.36 4 558.56 1 309 880.15 194136.34

-3 464.93

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 23 of 27

Annexure fi2 - Monthly lncome Analysls from lune 2O18 to Dec 2O18 - Page

RptMonlncAnal

Monthly Income Analysis From 05/11/2018 to 04/12/2018

Louis Pasteur Hospital

(lnclusive of VAT)

1522

of Zl

Date :2OlI2lzOLg Time : 12:13 Page Number :2

Type

Description

Total

PAEDS

BIL

Tariff Billing

PAEDS

CAN

Cancellations

36 802.91 -73 540.77

PAEDS

DSH

Discha rge

PAEDS

ESP

External Service Pro

PAEDS

VAR

Va ria

nce

6 220.57

PAEDS

WRD

71 599.55

PHARMACY

CAN

Ward Stock Ca ncellations

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

Wa rd Stock

POST NATAL

ADJ

POST NATAL

BIL

POST NATAL

CAN

Adjustments Tariff Billing Ca ncellations

POST NATAL

DSH

Discha rge

POST NATAL

ESP

External Service Pro

POST NATAL

TRF

Transfer

30 587.46

POST NATAL

VAR

Va ria

nce

435 437.72

Ward Stock Adjustments Tariff Billing

Location

POST NATAL

WRD

SURGICAL ICU

ADJ

SURGICAL ICU

BIL

SURGICAL ICU

CAN

SURGICAL ICU

WRD

SURGICAL WARD

ADJ

ncel latio ns

SURGICAL WARD

BIL

Ward Stock Adjustments Tariff Billing

SURGICAL WARD

CAN

SURGICAL WARD

DSH

Discha rge

L 964 165.4r 2 000.00

-704 805.88 3 584 326.37

7 082.29 672 393.75 -9 518.72

2 015.70 -792 577.82 1 118 954.L4 30 608.60

62 41s.83 -4.88 3 795.90

-179.38

SURGICAL WARD

ESP

External Service Pro

SURGICAL WARD

TRF

Transfer

22 298.52 32 932.s2 4L L23.57 -93 532.38 L 268 472.31 327 430.05 56 448.04

SURGICAL WARD

VAR

Va ria nce

-25 L39.77

SURGICAL WARD

WRD

THEATRE 1

BIL

Ward Stock Tariff Billing

36 563.52 s88 8s9.64

THEATRE 1

CAN

Cancellations

-49 937.42

THEATRE 1

ESP

Externa! Service Pro

r5 r87.52

THEATRE 1

THT

Theatre Stock Tariff Billing Ca ncellations Tariff Billing Ca ncellations Tariff Billing Ca ncellations Tariff Billing Ca ncellations Tariff Billing

28 530.38

THEATRE 2

BIL

THEATRE 2

CAN

THEATRE 3

BIL

THEATRE 3

CAN

THEATRE 4

BIL

THEATRE 4

CAN

THEATRE 5

BIL

THEATRE 5

CAN

TH EATRE 5

BIL

ncellatio ns

524 295.77 -27 243.15 102 158.49 -830.34

t 152 538.25 -82 270.35

555 486.67 -8 984.28

1003 463.45

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 24 of 27

1523

Annexure A2 - Monthly lncome Analysls from tune 2O18 to Dec 2O18 - Page 18 of 21

RptMonlncAna!

Monthly Income Analysis From 05/11/2018 to 04/12/2018

Louis Pasteur Hospital

(lnclusive of VAT)

Date z 20ll2l20Lg Time : 12:13 Page Number :3

Total

Type

Description

THEATRE 6

CAN

THEATRE STORE

CAN

THEATRE STORE

THT

ncellations ncellations Theatre Stock

TSHWANE PHARMACY

CAN

Cancellations

-472.79

TSHWANE PHARMACY

WRD

L 675.23 11 904.36 -15 042.L2

Location

Ca Ca

WARD A

ADJ

WARD A

BIL

Ward Stock Adjustments Tariff Billing

WARD A

CAN

Cancellations

WARD A

DSH

Discharge

WARD A

WRD

Ward Stock

-109 837.rr -168 323.r7 L 720 283.83

11.00 1 s08 5s8.00

77 720.80

External Services:

Income Tota!:

25 087 0t2.tt

RUBICON INVOICE TO HOSPITAL RECON

35s 207.36

ANTE NATAL

WRD

Ward Stock

CASUALTY

WRD

Wa rd Stock

648.79

INTENSIVE CARE UNIT

WRD

Wa rd Stock

MEDICAL WARD

WRD

Wa rd Stock

M EDSU RG

WRD

Wa rd Stock

NEO NATAL ICU

WRD

PAEDS

WRD

Ward Stock Ward Stock

354 549.27 79 060.95 57 757.80 194 736.34 7L 699.55

PHARMACY

WRD

Wa rd Stock

672 393.75

POST NATAL

WRD

Wa rd Stock

SURGICAL ICU

WRD

Wa rd Stock

62 415.83 22 298.52 36 s63.s2 L 615.23 77 720.80 28 s30.38 7 720 283.83 7 082.29 3 584 326.37 -704 805.88

SURGICAL WARD

WRD

Wa rd Stock

TSHWANE PHARMACY

WRD

WARD A

WRD

Ward Stock Wa rd Stock Theatre Stock Theatre Stock To Take Out

THEATRE 1

THT

THEATRE STORE

THT

PHARMACY

TTO

PHARMACY

PHR

Pharmacy Stock

PHARMACY

CAN

Cancellations

TO BE TNVOTCED TO LOU|S PASTEUR HOSPTTAL HOLDTNGS (PW) LTD

R6 571 478.72

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 25 of 27

Annexure

Ai2 -

Monthly lncome Analysir ftom lune

2O18

to Dec ZO18 - Page

RptMonlncAnal

Monthly Income Analysis

Louis Pasteur Hospital

From 0s/12/2078 to 04/01/2019

1524

19 of 21

Date : OGIAIIZ:OI9 Page Number :1

Non-income Revenue Centers ore lncluded

Type

Description

ANTE NATAL

BIL

Tariff Billing

ANTE NATAL

CAN

Location

nce!!ations

ANTE NATAL

DSH

Discha rge

ANTE NATAL

VAR

Va ria

ANTE NATAL

WRD

CASUALTY

BIL

Ward Stock Tariff Billing

CASUALTY

CAN

CASUALTY

WRD

ncellations

INTENSIVE CARE UNIT

BIL

Ward Stock Tariff Billing

INTENSIVE CARE UNIT

CAN

Cancellations

Total

44r.72 (54 753.40) 247 537.81 L4 290.23

LLz 496.23 81 529.00 (2.971

3 103.09 346 409.L4 (827 281.ss)

INTENSIVE CARE UNIT

DSH

Discha rge

1 545 834.25

INTENSIVE CARE UNIT

ESP

INTENSIVE CARE UNIT

TRF

External Service Pro Tra nsfer

2 500 836.95

INTENSIVE CARE UNIT

WRD

MEDICAL WARD

B!L

Ward Stock Tariff Billing

MEDICAL WARD

CAN

MEDICAL WARD

DSH

Discha rge

MEDICAL WARD

ESP

MEDICAL WARD

TRF

Tra

MEDICAL WARD

VAR

Variance

MEDICAL WARD

WRD

Ward Stock

5t 426.72

MEDSURG

ADJ

(s 27r.e7l

ncellations

External Service Pro nsfer

M EDSU RG

BIL

Adjustments Tariff Billing

M EDSU RG

CAN

ncellations

MEDSURG

DSH

Discharge

MEDSURG

IRF

Tra nsfe

MEDSURG

VAR

Va ria n ce

M EDSU RG

WRD

NEO NATAL ICU

BIL

Ward Stock Tariff Billing

NEO NATAL ICU

CAN

NEO NATAL ICU

DSH

Discha rge

NEO NATAL ICU

TRF

Tra

ncellations

NEO NATAL ICU

WRD

nsfer Ward Stock

PAEDS

BIL

Tariff Billing

PAEDS

CAN

Cancellations

PAEDS

DSH

Discha rge

PAEDS

TRF

Tra

sfe

8 9L7.40

265 302.76 131 949.90 (131 200.7u 1 313 243.60 3 418.03

183 691.05 (2 036.38)

70 93s.30 (L7 034.65)

503 679.67 76 933.25 (30.34) L3 285.L2 163 5t3.74 (L 257 954.781 5L7 0L1.79 3 363 088.98

202 L52.97 23 260.24 (L5 L67.14) 998 945.15 L7 778.L5

1525

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 26 of 27

Annexure All - Monthly lncome Analysis ftom lune 2O18 to Dec 2O18 - Page

16 140.39

PAEDS

VAR

Va ria n ce

PAEDS

WRD

Wa rd Stock

PHARMACY

CAN

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

Ward Stock

POST NATAL

ADJ

Adjustments

(2 8s6.s4)

POST NATAL

BIL

Tariff Billing

POST NATAL

CAN

Cancellations

8 774.75 (118 120.90)

POST NATAL

DSH

Discha rge

POST NATAL

ESP

External Service Pro

POST NATAL

TRF

Transfer

POST NATAL

VAR

POST NATAL

WRD

Ward Stock

SURGICAL ICU

CAN

SURGICAL ICU

WRD

SURGICAL WARD

ADJ

ncellations

BIL

SURGICAL WARD

CAN

833 932.2L 1 718.30

30 115.44 338 011.51 42 949.98 (L8 723.36) 2 ss0.90

(2 329.52I. 43 529.98 (45 L22.53)

ncellations

SURGICAL WARD

DSH

Discha rge

SURGICAL WARD

ESP

External Service Pro

SURGICAL WARD

TRF

Transfer

SURGICAL WARD

VAR

SURGICAL WARD

WRD

TH EATRE 1

BIL

Ward Stock Tariff Billing

rH EATRE 1

CAN

Ca n ce

TH EATRE 2

BIL

Tariff Billing

THEATRE 2

CAN

679 732.37

37 088.90 93 950.87 (10 188.86)

riance

14 505.05

551 860.61 (s7 ee3.62l

latio ns

IH EATRE 2

ESP

Cancellations External Service Pro

TH EATRE 3

BIL

Tariff Billing

TH EATRE 3

CAN

Cancellations

BIL

Tariff Billing

CAN

Cancellations Tariff Billing

IH EATRE 4

5 982.31 423 998.69

ncellations

SURGICAL WARD

2 765 093.69

riance

Ward Stock Adjustments Tariff Billing

TH EATRE

32 600.85 (398 358.50)

422 239.77 (55 451.54) 18 395.60 44 346.83 (2 603.80) 1 039 550.38

(23 053

.ztl

315 033.79 (6 350.30)

IHEATRE 5

B!L

TH EATRE 5

CAN

TH EATRE 5

BIL

Tariff Billing

85s 729.s9

TH EATRE 6

CAN

(23 739.06)

TH EATRE GI

BIL

Cancellations Tariff Billing

TH EATRE STORE

CAN

ncellations

(176 0M.O2l

TH EATRE STORE

THT

Theatre Stock

WARD A

ADJ

Adjustments

WARD A

CAN

ncellations

WARD A

DSH

Discharge

WARD A

WRD

Ward Stock

External Services:

4L,20 1

365 060.72 (554.91) (46 8s7.2Ol

L 242 807.55

LL 976.04 48 091.82

Annexure B1 - Supplementary Affidavit - Yaseera Amod - Page 27 of 27

Annexure All - Monthly lncome Analyris from tune 2O18 to Dec 2O18 - Page

lncome Subtotal:

of 21

20 857 921.47

Location

Type

Description

ANTE NATAL

ADJ

CASUALTY

ADJ

(L 444.831 (599.52)

INTENSIVE CARE UNIT

ADJ

Adjustments Adjustments Adjustments

MEDICAL WARD

ADJ

Adj ustments

POST NATAL

ADJ

Adjustments Adjustments Adjustments Adjustments

SURGICAL WARD

ADJ

Adj ustments

TSHWANE PHARMACY

CAN

MEDSURG

ADJ

NEO NATAL ICU

ADJ

PAEDS

ADJ

1526

Total

(357.95) (534.82) 5 598.67

(822.841 (2 746.76l| 21 816.58 5 873.81 (L L42.441

ncellations

Non-lncome Subtotal

Grand Total:

25 639.90

20 883 551.37

RUBICON TO HOSPITAL INVOICE

rL2 496.23

ANTE NATAL

WRD

Ward Stock

CASUALTY

WRD

Wa rd Stock

3 103.09

INTENSIVE CARE UNIT

WRD

Ward Stock

265 302.76

MEDICAL WARD

WRD

Wa rd Stock

5L 426.72

MEDSURG

WRD

Wa rd Stock

t3 285.L2

NEO NATAL ICU

WRD

202 L62.97

PAEDS

WRD

Ward Stock Ward Stock

PHARMACY

PHR

Pharmacy Stock

PHARMACY

TTO

To Take Out

PHARMACY

WRD

Ward Stock

423 998.69

32 500.85 2 755 093.69 5 982.31

POST NATAL

WRD

Wa rd Stock

42 949.98

SURGICAL ICU

WRD

SURGICAL WARD

WRD

Ward Stock Wa rd Stock

14 606.05

TH EATRE STORE

THT

Theatre Stock

WARD A

WRD

Ward Stock

PHARMACY

CAN

Ca n ce

2 550.90 1 365 060.72

LL 976.04 (398 358.60)

latio ns

TO BE INVOICED TO LOUIS PASTEUR HOSPITAL HOLDINGS rtr

LTD

VAT lncluded

TO BE INVOICED TO LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LTD ( VAT excluded !

R4 914 237.52

R4 273 250.02

1527

Annexure C1 CIPC Certificate of Applicant - Page 1 of 7

Certificate issued by the Commissioner of Companies & Intellectual Property Commission on Thursday, January 3, 2019 at 13:31 Disclosure Certificate: Companies and Close Corporations Registration Number:

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

ENTERPRISE INFORMATION Registration Number

1995 / 007175 / 07

Enterprise Name

RUBICON GROUP (PTY) LTD

Registration Date

18/07/1995

Business Start Date

18/07/1995

Enterprise Type

Private Company

Enterprise Status

In Business

Compliance Status

Compliant

Financial Year End

December

TAX Number

9451779848

Addresses

POSTAL ADDRESS

ADDRESS OF REGISTERED OFFICE ROOM 725 LOUIS PASTEUR BUILDING 374 FRANCIS BAARD STREET PRETORIA

GAUTENG 0002

ACTIVE MEMBERS / DIRECTORS Surname and First Names

Type

MAZIBUKO, MUZI REGINALD

Director

ID Number / Date of Birth

Contrib. (R)

7106275650081

0.00

Interest (%) 0.00

Appoint. Date 01/06/2017

Address

Postal: P O BOX 55835, ARCARDIA, PRETORIA, GAUTENG, 0002 Residential: 28 POPLAR SIR, MAYBERRY PARK, ALBERTON, GAUTENG, 1448

MULIGWE, TENDANI

Director

8512266017082

0.00

31/08/2018

Postal: PO BOX 55835, ARCADIA, PRETORIA, GAUTENG, 0002 Residential: 15 BURKINAFASO STREET, HLANGANANI GARDENS, HONEYDEW,

AUDITOR DETAILS Auditor Name

Type

Status

Appointment Date

MSGM MASUKU JEENA INC

Auditor

Resign

1996-05-16

Auditor

Resign

Auditor

Current

Resignation Date

Email Address

ACTIVE

jana@sab-t.co.za

Profession Number: 928356E PRICEWATERHOUSECOOPERS INC

Profession Number: 905151E SAB&T CHARTERED ACCOUNTANTS INC

2005-08-29

Profession Number: 953008 Page 1 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 2 of 7

1528

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

CHANGE SUMMARY 18/07/1995

Name Change on 18/07/1995.

20/06/1996

Postal Address Change on 20/06/1996.

POWAPROPS 7

P O BOX 17828 HILLBROW

20/06/1996

2038 Registered Address Change on 20/06/1996.

31/05/1997

121 WORLD'S VIEW PROSPECT ROAD BEREA 2198 Member Change on 31/05/1997.

18/07/1995

Registration of CC/CO on 18/07/1995.

07/03/2001

Member Change on 01/08/2000.

07/03/2001

Change Record Surname = FORD First Names = GRAYTON ROBERT Status = Resigned Member Change on 01/08/2000.

17/10/2002

Add Record Surname = ABOO First Names = MOHAMED FAREED Status = Active Accounting Officer Change on 18/07/2002.

21/11/2002

Change Record Name : = LLOYD VILJOEN Status : = Resign Accounting Officer Change on 17/09/2002.

24/01/2003

Add Record Name : = MSGM MASUKU JEENA INC Status : = Current Postal Address Change on 04/02/2003. P O BOX 751281 GARDENVIEW

24/01/2003

2047 Registered Address Change on 04/02/2003. GILLOOY'S VIEW OSBORNE AVENUE BEDFORDVIEW

17/02/2004

2008 Member Change on 03/02/2004.

17/02/2004

Change Record Surname = ABOO First Names = MOHAMED FAREED Status = Resigned Member Change on 03/02/2004. Add Record Surname = HABIB First Names = OHAMED FIROZE ABOO Status = Active Page 2 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 3 of 7

1529

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

17/02/2004

Member Change on 03/02/2004.

24/06/2005

Add Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Accounting Officer Change on 08/02/2005.

24/06/2005

Change Record Name : = MSGM MASUKU JEENA INC Status : = Resign Accounting Officer Change on 08/02/2005.

03/08/2005

Add Record Name : = PRICEWATERHOUSECOOPERS INC Status : = Current Member Change on 02/02/2004. Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Birth Date=28 DECEMBER 1941 Nationality=SOUTH AFRICA RSA Resident=1 Date of Appointment=2 FEBRUARY 2004 Profession= Designation=COMPANY SECRETARY (NATURAL PERSON) Residential Address 43B JUNIPER DRIVE DOWERGLEN X EDENVALE 2047 Business Address 99 EDWARD DRIVE DOWERGLEN EDENVALE 2047 Postal Address P O BOX 751281 GARDENVIEW

15/09/2005

2047 Nature of Change=APPOINTMENT Status :ACTIVE Accounting Officer Change on 29/08/2005. PO BOX 10512 CENTURION

0046

15/09/2005

Status : Address Change Accounting Officer Change on 29/08/2005.

09/12/2005

Member Change on 02/02/2004.

09/12/2005

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 02/02/2004.

PRICEWATERHOUSECOOPERS INCReported Material Irregularity on : Status : Resign

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :RESIGNEDNature of Change=RESIGNATION Page 3 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 4 of 7

1530

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

09/12/2005

Member Change on 02/05/2000.

19/01/2006

Surname=ABOO Full ForeNames=MOHAMED FAREED Id No=7012015176082 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

19/01/2006

Surname=ABOO Full ForeNames=MOHAMED FAREED Id No=7012015176082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 01/06/2005.

16/02/2006

Surname=NOORMOHAMED Full ForeNames=SUMMAYYA Id No=7804300181086 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

16/02/2006

Surname=NOORMOHAMED Full ForeNames=SUMMAYYA Id No=7804300181086 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 01/06/2005.

16/02/2006

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

14/10/2008

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :ACTIVENature of Change=APPOINTMENT Registered Address Change on 04/11/2008.

14/10/2008

842 LOUIS PASTEUR MEDICAL CENTRE 374 SCHOEMAN STREET PRETORIA GAUTENG 0001 Postal Address Change on 04/11/2008. PO BOX 55835 ARCADIA GAUTENG

14/10/2008

0007 Member Change on 14/10/2008.

Page 4 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 5 of 7

1531

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Birth Date=28 DECEMBER 1941 Nationality=SOUTH AFRICA RSA Resident=0 Date of Appointment=02 FEBRUARY 2004 Profession= Designation=COMPANY SECRETARY (NATURAL PERSON) Residential Address 43B JUNIPER DRIVE DOWERGLEN X EDENVALE 2047 Business Address 842 LOUIS PASTEUR MEDICAL CENTRE 374 SCHOEMAN STREET PRETORIA GAUTENG 0001 Postal Address P O BOX 55835 ARCADIA GAUTENG

14/10/2008

0007 Nature of Change=APPOINTMENT Status :ACTIVE Member Change on 14/10/2008.

21/10/2008

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :ACTIVENature of Change=CHANGE OF ADDRESS Accounting Officer Change on 21/10/2008.

18/02/2010

Change Record Name: = SAB&T CHARTERED ACCOUNTANTS INC Status: = Current Member Change on 18/02/2010.

02/06/2010

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 30/04/2010.

02/06/2010

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :RESIGNEDNature of Change=DIRECTOR RESIGNED Member Change on 02/06/2010.

19/10/2010

Surname=ADAM Full ForeNames=MARIAM BIBI Id No=6912190258087 Status :ACTIVENature of Change=NEW APPOINTMENT Status changed to Annual Return In De-registration on 19/10/2010.

24/02/2011

DEREGISTRATION FOR ANNUAL RETURN NON COMPLIANCE. REGISTRATION MONTH = 7 - AR NON COMPLIANCE DATE = 01/09/2009 - 6 MONTHS AFTER = 04/05/2010. Status changed to Unknown.

17/06/2011

Status changed to Unknown.

20/06/2011

Status Change on 20/06/2011.

FINAL DEREGISTRATION FOR ANNUAL RETURN NON COMPLIANCE

Annual Return Non-Compliance Restoration

ANNUAL RETURN FILING

Page 5 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 6 of 7

1532

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

24/06/2011

Status changed to Cancellation of De-registration Process on 24/06/2011.

18/12/2013

Annual Return completed on 18/12/2013.

10/06/2015

Annual Return completed on 10/06/2015.

13/07/2015

SMS Notification that Annual Return is due was sent on 13/07/2015.

16/11/2015

Annual Return completed on 16/11/2015.

02/03/2016

Change of Financial Year End on 02/03/2016.

03/07/2016

Email Notification that Annual Return is due was sent on 03/07/2016.

30/11/2016

Annual Return completed on 30/11/2016.

18/01/2017

Name Change on 18/01/2017.

02/07/2017

Email Notification that Annual Return is due was sent on 02/07/2017.

07/03/2018

Member Change on 07/03/2018.

07/03/2018

Member Change on 07/03/2018.

12/07/2018

Director MARIAM BIBI ADAM - Change was made . Director / member status changed from A to C. Residential address changed from to GAUTENG. Business address changed from 842 LOUIS PASTEUR MEDICAL CENTRE to 4 KRONA CLOSE. Business address changed from 374 SCHOEMAN STREET to ELDOGLEN ESTATE. Business address changed from PRETORIA to ELDORAIGNE. Business address changed from to GAUTENG. Postal address changed from to PRETORIA. Postal address changed from to GAUTENG. Cell NUmber changed from to 0847867862.Email Changed from elise@louispasteur.co.za to ELISE@LOUISPASTEUR.CO.ZA. Email Notification that Annual Return is due was sent on 12/07/2018.

30/07/2018

Annual Return completed on 30/07/2018.

04/09/2018

Member Change on 04/09/2018.

04/09/2018

Member Change on 04/09/2018.

04/09/2018

Member Change on 04/09/2018.

07/09/2018

Member Change on 06/09/2018.

14/09/2018

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Resigned Registered Address Change on 14/09/2018.

26/10/2018

Member Change on 26/10/2018.

26/10/2018

Member Change on 26/10/2018.

Annual Return Non Compliance - Cancellation of Deregistration

Company / Close Corporation AR Filing - Web Services : Ref No. : 51434580

Company / Close Corporation AR Filing - Web Services : Ref No. : 527193400

E-Mail send to MARIAM BIBI ADAM for 2015

Company / Close Corporation AR Filing - Web Services : Ref No. : 530706764

The financial year end was changed from February 2016 to December 2016

E-Mail send to MARIAM BIBI ADAM for 2016

Company / Close Corporation AR Filing - Web Services : Ref No. : 558988679

GUDRAN EMMA ERASMUS

E-Mail sent to MARIAM BIBI ADAM for 2017

Director MOHAMED YASEEN ADAM was added

E-Mail sent to MOHAMED YASEEN ADAM for 2018

Company / Close Corporation AR Filing - Web Services : Ref No. : 5132549334

Director RA'EES AHMED BAVA was added

Director MUZI REGINALD MAZIBUKO was added

Director MOHAMED YASEEN ADAM details were changed

ROOM 725 LOUIS PASTEUR BUILDING 374 FRANCIS BAARD STREET PRETORIA GAUTENG0002

Director TENDANI MULIGWE was added

Director RA'EES AHMED BAVA - Change was made.

Page 6 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure C1 CIPC Certificate of Applicant - Page 7 of 7

1533

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

26/10/2018

Member Change on 26/10/2018.

07/12/2018

Member Change on 07/12/2018.

07/12/2018

Member Change on 07/12/2018.

07/12/2018

Member Change on 07/12/2018.

Director MUZI REGINALD MAZIBUKO - Change was made.

Director RA'EES AHMED BAVA details was Changed

Director MUZI REGINALD MAZIBUKO details was Changed

Director TENDANI MULIGWE details was Changed

Page 7 of 7

Physical Address

Postal Address: Companies

Docex: 256

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

P O Box 429 Pretoria 0001

Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure D1 - Letter by Applicants Attorney dated 03 Oct 2018 - Page 1 of 1

1534

1535

Annexure E1 Letter by Applicants Attorney - Page 1 of 2

By Email Business Rescue Practitioner 739 Blesbok Street Rietfontein A/H Mooikloof Pretoria East e-mail: sarie@enprok.co.za for the attention of: Etienne Naude 20 November 2018 Dear Sir BUSINESS RESCUE : LOUIS PASTEUR HOSPITAL HOLDINGS PROPRIETARY LIMITED (“LPHH”) 1.

We refer to previous correspondence.

Your termination of the shared services provided by LPHH to Rubicon Group Proprietary Limited (“Rubicon”) continues to destabilise and disrupt the operations of Rubicon.

Our instructions are to request from you all information necessary to enable Rubicon to make salary and other related payments to its staff members including the following: a. b. c. d. e. f. g. h. i.

Backup of data from the VIP system for all group companies Backup of last IRP5 reconciliation done for all companies Copies of the last IRP5 reconciliations All EMP 201 returns File with all third party payments File with all returns and correspondence for workmen's compensation All overtime books and records All employee files Any other information relating to payroll

The required information can be provided to Raimund Pretorius telephone number .

Directors: Aubrey Manong LLB (UL), Tshepang Mokotedi BA, LLB, LLM (Tax) (Wits) Address: 164 Katherine Street, Pinmill Farm, Block F, Ground Floor, Sandown, Sandton, 2196 Tel : 011 262 0113 / 0456 Fax : 011 262 0439 Email: tm@manongpilaneinc.co.za

1536

Annexure E1 Letter by Applicants Attorney - Page 2 of 2

Yours faithfully

Tshepang Mokotedi MPM Incorporated

1537

Opposing Affidavit by Applicants Attorney - Page 1 of 9

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No: 90769/18 In the matter between: RUBICON GROUP (PTY) LTD

Applicant

and ETIENNE JACQUES NAUDE (Business Rescue Practitioner of Second Respondent) LOUIS PASTEUR HOSPITAL HOLDINGS (PTY) LIMITED BONITAS MEDICAL FUND SOUTH AFRICAN REVENUE SERVICES

First Respondent

Second Respondent Third Respondent Fourth Respondent

DENOSA

Fifth Respondent

MASTER OF THE HIGH COURT

Sixth Respondent

THE COMPANIES AND INTELLECTUAL PROPERTY COMMISSION THE CREDITORS OF THE SECOND RESPONDENT

Seventh Respondent Eighth Respondent

HOSPERSA Ninth Respondent ________________________________________________________ OPPOSING AFFIDAVIT ________________________________________________________ I, the undersigned, TSHEPANG MOKOTEDI;

1538

Opposing Affidavit by Applicants Attorney - Page 2 of 9

do hereby make oath and state as follows : DEPONENT AND AUTHORITY 1.

I am a major male attorney practising with the firm Manong Pilane Mokotedi Incorporated, the applicantâ&#x20AC;&#x2122;s attorneys of record. I depose to this affidavit in my capacity as the applicantâ&#x20AC;&#x2122;s legal representative to inter alia oppose the allegations made against me and the order sought by the first respondent against me.

The purpose of this affidavit is to inter alia oppose the allegations made against me and the court order sought against me by the first respondent in an answering affidavit dated 02 January 2019.

The first respondent alleges at paragraphs 59 and 180 of the answering affidavit that the application is vexatious and vindictive and is inter alia done simply to inconvenience him and everybody else involved with the second respondent, as well as the second respondentâ&#x20AC;&#x2122;s legal team. On this basis he seeks a

1539

Opposing Affidavit by Applicants Attorney - Page 3 of 9

punitive costs order against me de bonis propiis. He further alleges that I should have known better in the light of his letter of 14 December 2018. 5.

As a starting point, my primary responsibility as a legal representative of the applicant is to protect its interests. The applicant has engaged my services to assist it in presenting its case to the above Honourable Court for adjudication. Upon a diligent and careful assessment of the facts I became aware that the applicant was supplying medical supplies to the second respondent on the basis as fully set out in the founding affidavit and replying affidavit. The second respondent under the control of the first respondent continues to order and utilize medical supplies for which it fails to make payment. I wrote numerous letters to the first respondent and have had several telephone conversations with him over the months of September 2018 to December 2018 requesting him to make payment to the applicant for the supply of medical services the second respondent is receiving. He has on several occasions written reply letters in which he simply denied that there were amounts payable to the applicant despite his awareness that this is the case. During the numerous telephone conversations I have had with him he undertook on several occasions to make available records which would indicate that the second respondent is not indebted to the applicant. To date the records have not been

1540

Opposing Affidavit by Applicants Attorney - Page 4 of 9

made available. My interactions with the first respondent over the past couple of months have indicated that he is not a man of his word. 6.

On 7 December I was informed by the applicant that there was correspondence by the first respondent to the staff of the second respondent in which he indicated that the second respondent would be partnering with a new pharmacy in 2019. I then wrote a letter on the instructions of the applicant bringing these facts to the attention of the first respondent and giving him an opportunity to desist from conduct harmful to the applicant. I also wrote a letter to Ms Van Rensburg on the instructions of the applicant suspending her for inter alia refusing to enforce instructions to dispense non-emergency medication to the second respondent upon receipt of consideration.

On 12 December 2018 I was advised by the applicant that the first respondent had engaged the services of Ms Van Rensburg who was then giving instructions that medical supplies ordered in the name of the applicant be delivered to an alternative location. I then wrote a letter to the first respondent making him aware of these facts and giving him an opportunity to provide an undertaking to desist from his conduct to harm the applicant and in particular to retract the communication to the effect that the second respondent will be collaborating with a new pharmacy.

1541

Opposing Affidavit by Applicants Attorney - Page 5 of 9

In this letter I made him aware that failure on his part to desist from this conduct would result in the applicant approaching a court to obtain appropriate relief. The first respondent replied with a letter on 14 December 2014 making various conflicting statements inter alia attempting to intimidate myself and the applicant from approaching a court to seek appropriate relief. On the same day the first respondent contacted me telephonically to enquire whether the proceedings would be instituted. I informed him that my instructions were to ensure that he does not harm the business of the applicant and that the applicant will proceed to commence with proceedings in the event that no undertaking from him to this effect was provided. 8.

On 19 December 2019, I wrote a letter to the first respondent in which I stated that “In the absence of any positive communication or indication from you to the effect that you intend to comply with Rubicon’s request, we are finalising an application seeking urgent relief from a court to inter alia remove you as a business practitioner of

Louis Pasteur Hospital

Holdings Proprietary Limited which will be served soon”. On the same day the first respondent telephoned me to confirm whether the application would be proceeding. I confirmed that these were the applicant’s instructions. 9.

The first respondent falsely alleges that the application was

1542

Opposing Affidavit by Applicants Attorney - Page 6 of 9

brought to inconvenience him while he was given sufficient notice of the application in order to prepare his team to respond. The application was brought on bona fide circumstances created by the first respondent. In particular, the applicant could not stand by and allow the first respondent to inter alia: 9.1.

withhold salaries to its staff members in order to cause an upheaval,

9.2.

to continue ordering medical supplies from it for no consideration;

9.3.

to order medical supplies from the applicantâ&#x20AC;&#x2122;s suppliers fraudulently posing as the applicant,

9.4.

to destroy the applicantâ&#x20AC;&#x2122;s relationship with the suppliers,

9.5.

to continue to withhold payment from the applicant in respect of medical supplies consumed for no reason, and

9.6.

to secretly start a new pharmacy that would replace the applicant as a supplier to the second respondent.

In addition to creating circumstances that require urgent court adjudication, the applicant was provided with notice to give him an opportunity to defend himself. The lack of a valid defence on

1543

Opposing Affidavit by Applicants Attorney - Page 7 of 9

the part of the first respondent is not an indication of any inconvenience on his part. The suggestion by the first respondent that I should take instructions from him or that I should be motivated by considerations of his convenience should be disregarded. The basis upon which the second respondent suggests that I had to take instructions from him at the detriment of the applicant’s interests is not clear. I respectfully request the above Honourable Court to disregard the second respondent’s request for an order of punitive costs against me and to grant an order for costs against the first respondent on the basis set out in the notice of motion. 10.

A notice in terms of Rule 7(1) of the Uniform Rules of Court has been served by the first respondent on the applicant disputing the authority of the deponent of the applicant to act on behalf of the applicant and the authority of the applicant’s attorney to act on this matter. I have attached a copy of a resolution of the applicant dated 21 December 2018 marked Annexure “A2”. The resolution is duly signed by the two directors of the applicant. I have also attached the latest CIPC certificate of the applicant confirming the two directors of the applicant Mr Mazibuko and Mr Muligwe as the only directors marked Annexure “B2”. A copy of the power of attorney authorizing the attorney of the applicant to act in this matter will be filed with the registrar of the above Honourable Court for the first respondent to peruse.

1544

Opposing Affidavit by Applicants Attorney - Page 8 of 9

11.

The first respondent has served a notice in terms of Rule 47(1) of the Uniform Rules of Court inter alia requesting that the applicant furnish security in the amount of R 500 000.00. in respect of the proceedings. The first respondent makes these requests in an attempt to delay the hearing of the application and this request must accordingly be disregarded. Moreover, the second respondent is indebted to the applicant in the amount of R 9 080 000.00 which is recognised in the latest business rescue plan. The second respondent is also indebted to the applicant in further amounts as set out in the founding affidavit. In the event that a cost order is awarded against the applicant, such costs can be deducted from the amounts owing to the applicant which are sufficient for this purpose.

12.

I respectfully request that the above Honourable Court make an order for costs on the basis as set out in the notice of motion.

_____________________ DEPONENT

1545

Opposing Affidavit by Applicants Attorney - Page 9 of 9

I certify that the deponent has acknowledged that s/he knows and understands the contents of this affidavit which was signed and sworn before me at _________________ on this the 7th day of January 2019, and that the Regulations contained in Government Notice No. R1258 of 21 July 1972, as amended, and Government Notice No. R1648 of 19 August 1977, as amended, having been complied with.

________________________ COMMISSIONER OF OATHS OFFICIAL CAPACITY AREA APPOINTED FULL STREET ADDRESS:

1546

Annexure A2 - Authorising Resolution od the Applicant - Page 1 of 3

RUBICON GROUP PROPRIETARY LIMITED (Registration number: l|9f9li|OO7U5 I O7l ('Company')

Resolutions of the directors of the Company passed in accordance with Section 74 of the Companies Act 71 of 2008 ("Companies Act''l

Whereas:

The Company is involved in a dispute with Louis Pasteur Hospital Holdings Proprietary Limited

("LPHH"), which is currently in business rescue, regarding various amounts payable in respect of medical supplies provided by the Company to LPHH.

The Company wishes to take various actions to recover amounts payable by LPHH to it.

Whereas it is hereby resolved that:

The Company takes all actions and steps necessary

to recover all amounts

payable

to it by LPHH

including, but not limited to, the following:

1.1.

the Company institute legal proceedings by way of an urgent application for the removal of the current business rescue practitioner appointed to manage the affairs of LPHH;

1.2. That Tendani Muligwe, a director

of the Company, be authorised to depose to the founding

affidavit in support of the application in respect of 1.1 above;

1.3.

the Company terminate employment in respect of employees who are engaging in behaviour that

harmfulto the Company among others in respect of its endeavours to recover all amounts

owing by LPHH to it;

That any Directorof the Company, (Authorised Signatory), be and is hereby authorised and empowered

to:

2.L.

sign and/or despatch any notice and/or other documents, notices

to be signed

and/or

despatched by or on behalf of the Company under or in connection with resolution number 1; and

Annexure A2 - Authorising Resolution and Power of Attorney by Applicant - Page 2 of 3

1547

2.2.

generally do everything that may be necessary for the implementation of resolution number 1.

To the extent that the Authorised Signatory has already signed any documents which may be necessary

for the implementation of resolution number

their actions.in this regard be and are hereby ratified.

The Company certifies that the specimen signatures of the duly Authorised Signatories of the Company

evidenced below are the true signatures of such signatories.

t4al

Name:

,ort ffi,"o/<D

Title: Director Date:

ftr

Name,

itndafi;

Title: Director

e-ee(kl

be?

rvlu t;J')'L

nbe{ 2d F Date: ?l DeCo

(

Kr tt"

Annexure A2 - Authorising Resolution od the Applicant - Page 3 of 3

This page intentionally left blank

1548

1549

Annexure B2 CIPC Certificate of Applicant - Page 1 of 7

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

ENTERPRISE INFORMATION Registration Number

1995 / 007175 / 07

Enterprise Name

RUBICON GROUP (PTY) LTD

Registration Date

18/07/1995

Business Start Date

18/07/1995

Enterprise Type

Private Company

Enterprise Status

In Business

Compliance Status

Compliant

Financial Year End

December

TAX Number

9451779848

Addresses

POSTAL ADDRESS

ADDRESS OF REGISTERED OFFICE ROOM 725 LOUIS PASTEUR BUILDING 374 FRANCIS BAARD STREET PRETORIA

GAUTENG 0002

ACTIVE MEMBERS / DIRECTORS Surname and First Names

Type

MAZIBUKO, MUZI REGINALD

Director

ID Number / Date of Birth

Contrib. (R) 0.00

7106275650081

Interest (%) 0.00

Appoint. Date 01/06/2017

Address

Postal: P O BOX 55835, ARCARDIA, PRETORIA, GAUTENG, 0002 Residential: 28 POPLAR SIR, MAYBERRY PARK, ALBERTON, GAUTENG, 1448

MULIGWE, TENDANI

Director

0.00

8512266017082

0.00

31/08/2018

Postal: PO BOX 55835, ARCADIA, PRETORIA, GAUTENG, 0002 Residential: 15 BURKINAFASO STREET, HLANGANANI GARDENS, HONEYDEW,

AUDITOR DETAILS Auditor Name

Type

Status

Appointment Date

MSGM MASUKU JEENA INC

Auditor

Resign

1996-05-16

Auditor

Resign

Auditor

Current

Resignation Date

Email Address

ACTIVE

jana@sab-t.co.za

Profession Number: 928356E PRICEWATERHOUSECOOPERS INC

Profession Number: 905151E SAB&T CHARTERED ACCOUNTANTS INC

2005-08-29

Profession Number: 953008 Page 1 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 2 of 7

1550

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

CHANGE SUMMARY 18/07/1995

Name Change on 18/07/1995.

20/06/1996

Postal Address Change on 20/06/1996.

POWAPROPS 7

P O BOX 17828 HILLBROW

20/06/1996

2038 Registered Address Change on 20/06/1996.

31/05/1997

121 WORLD'S VIEW PROSPECT ROAD BEREA 2198 Member Change on 31/05/1997.

18/07/1995

Registration of CC/CO on 18/07/1995.

07/03/2001

Member Change on 01/08/2000.

07/03/2001

Change Record Surname = FORD First Names = GRAYTON ROBERT Status = Resigned Member Change on 01/08/2000.

17/10/2002

Add Record Surname = ABOO First Names = MOHAMED FAREED Status = Active Accounting Officer Change on 18/07/2002.

21/11/2002

Change Record Name : = LLOYD VILJOEN Status : = Resign Accounting Officer Change on 17/09/2002.

24/01/2003

Add Record Name : = MSGM MASUKU JEENA INC Status : = Current Postal Address Change on 04/02/2003. P O BOX 751281 GARDENVIEW

24/01/2003

2047 Registered Address Change on 04/02/2003. GILLOOY'S VIEW OSBORNE AVENUE BEDFORDVIEW

17/02/2004

2008 Member Change on 03/02/2004.

17/02/2004

Change Record Surname = ABOO First Names = MOHAMED FAREED Status = Resigned Member Change on 03/02/2004. Add Record Surname = HABIB First Names = OHAMED FIROZE ABOO Status = Active Page 2 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 3 of 7

1551

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

17/02/2004

Member Change on 03/02/2004.

24/06/2005

Add Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Active Accounting Officer Change on 08/02/2005.

24/06/2005

Change Record Name : = MSGM MASUKU JEENA INC Status : = Resign Accounting Officer Change on 08/02/2005.

03/08/2005

15/09/2005

2047 Nature of Change=APPOINTMENT Status :ACTIVE Accounting Officer Change on 29/08/2005. PO BOX 10512 CENTURION

0046

15/09/2005

Status : Address Change Accounting Officer Change on 29/08/2005.

09/12/2005

Member Change on 02/02/2004.

09/12/2005

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 02/02/2004.

PRICEWATERHOUSECOOPERS INCReported Material Irregularity on : Status : Resign

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :RESIGNEDNature of Change=RESIGNATION Page 3 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 4 of 7

1552

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

09/12/2005

Member Change on 02/05/2000.

19/01/2006

Surname=ABOO Full ForeNames=MOHAMED FAREED Id No=7012015176082 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

19/01/2006

Surname=ABOO Full ForeNames=MOHAMED FAREED Id No=7012015176082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 01/06/2005.

16/02/2006

Surname=NOORMOHAMED Full ForeNames=SUMMAYYA Id No=7804300181086 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

16/02/2006

Surname=NOORMOHAMED Full ForeNames=SUMMAYYA Id No=7804300181086 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 01/06/2005.

16/02/2006

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :ACTIVENature of Change=APPOINTMENT Member Change on 01/06/2005.

14/10/2008

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :ACTIVENature of Change=APPOINTMENT Registered Address Change on 04/11/2008.

14/10/2008

842 LOUIS PASTEUR MEDICAL CENTRE 374 SCHOEMAN STREET PRETORIA GAUTENG 0001 Postal Address Change on 04/11/2008. PO BOX 55835 ARCADIA GAUTENG

14/10/2008

0007 Member Change on 14/10/2008.

Page 4 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 5 of 7

1553

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

14/10/2008

0007 Nature of Change=APPOINTMENT Status :ACTIVE Member Change on 14/10/2008.

21/10/2008

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :ACTIVENature of Change=CHANGE OF ADDRESS Accounting Officer Change on 21/10/2008.

18/02/2010

Change Record Name: = SAB&T CHARTERED ACCOUNTANTS INC Status: = Current Member Change on 18/02/2010.

02/06/2010

Surname=HABIB Full ForeNames=MOHAMED FIROZE ABOO Id No=5705295163082 Status :RESIGNEDNature of Change=RESIGNATION Member Change on 30/04/2010.

02/06/2010

Surname=LLOYD Full ForeNames=FREDERICK HERSELMAN Id No=4112285074083 Status :RESIGNEDNature of Change=DIRECTOR RESIGNED Member Change on 02/06/2010.

19/10/2010

Surname=ADAM Full ForeNames=MARIAM BIBI Id No=6912190258087 Status :ACTIVENature of Change=NEW APPOINTMENT Status changed to Annual Return In De-registration on 19/10/2010.

24/02/2011

DEREGISTRATION FOR ANNUAL RETURN NON COMPLIANCE. REGISTRATION MONTH = 7 - AR NON COMPLIANCE DATE = 01/09/2009 - 6 MONTHS AFTER = 04/05/2010. Status changed to Unknown.

17/06/2011

Status changed to Unknown.

20/06/2011

Status Change on 20/06/2011.

FINAL DEREGISTRATION FOR ANNUAL RETURN NON COMPLIANCE

Annual Return Non-Compliance Restoration

ANNUAL RETURN FILING

Page 5 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 6 of 7

1554

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

24/06/2011

Status changed to Cancellation of De-registration Process on 24/06/2011.

18/12/2013

Annual Return completed on 18/12/2013.

10/06/2015

Annual Return completed on 10/06/2015.

13/07/2015

SMS Notification that Annual Return is due was sent on 13/07/2015.

16/11/2015

Annual Return completed on 16/11/2015.

02/03/2016

Change of Financial Year End on 02/03/2016.

03/07/2016

Email Notification that Annual Return is due was sent on 03/07/2016.

30/11/2016

Annual Return completed on 30/11/2016.

18/01/2017

Name Change on 18/01/2017.

02/07/2017

Email Notification that Annual Return is due was sent on 02/07/2017.

07/03/2018

Member Change on 07/03/2018.

07/03/2018

Member Change on 07/03/2018.

12/07/2018

30/07/2018

Annual Return completed on 30/07/2018.

04/09/2018

Member Change on 04/09/2018.

04/09/2018

Member Change on 04/09/2018.

04/09/2018

Member Change on 04/09/2018.

07/09/2018

Member Change on 06/09/2018.

14/09/2018

Change Record Surname = LLOYD First Names = FREDERICK HERSELMAN Status = Resigned Registered Address Change on 14/09/2018.

26/10/2018

Member Change on 26/10/2018.

26/10/2018

Member Change on 26/10/2018.

Annual Return Non Compliance - Cancellation of Deregistration

Company / Close Corporation AR Filing - Web Services : Ref No. : 51434580

Company / Close Corporation AR Filing - Web Services : Ref No. : 527193400

E-Mail send to MARIAM BIBI ADAM for 2015

Company / Close Corporation AR Filing - Web Services : Ref No. : 530706764

The financial year end was changed from February 2016 to December 2016

E-Mail send to MARIAM BIBI ADAM for 2016

Company / Close Corporation AR Filing - Web Services : Ref No. : 558988679

GUDRAN EMMA ERASMUS

E-Mail sent to MARIAM BIBI ADAM for 2017

Director MOHAMED YASEEN ADAM was added

E-Mail sent to MOHAMED YASEEN ADAM for 2018

Company / Close Corporation AR Filing - Web Services : Ref No. : 5132549334

Director RA'EES AHMED BAVA was added

Director MUZI REGINALD MAZIBUKO was added

Director MOHAMED YASEEN ADAM details were changed

ROOM 725 LOUIS PASTEUR BUILDING 374 FRANCIS BAARD STREET PRETORIA GAUTENG0002

Director TENDANI MULIGWE was added

Director RA'EES AHMED BAVA - Change was made.

Page 6 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573

Annexure B2 CIPC Certificate of Applicant - Page 7 of 7

1555

1995 / 007175 / 07

Enterprise Name:

RUBICON GROUP

26/10/2018

Member Change on 26/10/2018.

07/12/2018

Member Change on 07/12/2018.

07/12/2018

Member Change on 07/12/2018.

07/12/2018

Member Change on 07/12/2018.

Director MUZI REGINALD MAZIBUKO - Change was made.

Director RA'EES AHMED BAVA details was Changed

Director MUZI REGINALD MAZIBUKO details was Changed

Director TENDANI MULIGWE details was Changed

Page 7 of 7

Physical Address

the dti Campus - Block F 77 Meintjies Street Sunnyside 0001

Postal Address: Companies P O Box 429 Pretoria 0001

Docex: 256 Web: www.cipc.co.za Contact Centre: 086 100 2472 (CIPC) Contact Centre (International): +27 12 394 9573