A COMPANY that made
headlines earlier this year,
when it failed to deliver
on travel packages, faces
involuntary liquidation, while
criminal charges are also
pending against the owner
couple, Izak and Henda
Heyneke.
Fraud charges were laid
against Heyneke Tours after
clients’ holidays, totalling an
estimated R1,2 million, fell
through. The saga was the
subject of a Carte Blanche
exposé this past Sunday.
Heyneke Tours was served
with a section 345 letter of
demand in late March. This
section of the Companies Act
compels a company to pay
its debt to the party serving
the letter within three weeks,
or enter into a settlement
arrangement.
Armand du Plessis, the
attorney representing two
couples in relation to the
section 345 letter, says
that should the company
fail to pay his clients’ debt
or reach an agreement in
the timeframe, he will lay a
formal liquidation application.
Notwithstanding delays
on account of the public
holidays, the period will lapse
this week.
Attorney Carol van
Molendorff, who is
representing eight affected
clients, says that while a
number of clients have
laid charges individually,
combining the matters
will build a stronger case,
which can be heard in the
commercial crimes court. She
explains that one matter on
its own is a civil matter. “The
moment it becomes a pattern
and you have more than one
complainant, it becomes a
criminal matter.”
TNW understands that Izak
and Henda Heyneke were
arrested on December 18 and
then released on bail. Since
the beginning of the year,
affected clients and police
officers have been unable to
trace the couple, although
Carte Blanche located them
on the West Rand.
After the arrest in
December, a letter was sent
to a number of the affected
clients, apparently from
financial consultants, which
seemed to make a veiled
threat to any clients pursuing
forced liquidation.
“You can force the company
into liquidation, but they have
no assets, so you are likely
to get 5 cents in the rand
of your money back,” the
letter reads. “You can force
the company into business
rescue, but then you are likely
to get 40 cents in the rand
of your money back, if you
are lucky.” Carol questions
whether the letter was written
by consultants, or the couple
themselves.
Heyneke Tours is not a
registered Asata member.
