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SEKUNJALO INVESTMENTS LIMITED - ANNOUNCEMENT

Release Date: 26/05/2003 14:30
Code(s): SKJ
Wrap Text

SEKUNJALO INVESTMENTS LIMITED - ANNOUNCEMENT SEKUNJALO INVESTMENTS LIMITED Share code : SKJ ISIN : ZAE000017893 MONDAY, 26TH MAY 2003 Sekunjalo Investments Limited has today instructed its attorneys, Mallinicks Inc., to institute an action for damages in the sum of R200 million against the auditors firm, Deloitte & Touche, a member firm of Deloitte Touche Tohmatsu International. Deloitte & Touche were the auditors of Leisurenet (Proprietary) Limited which was placed in liquidation in October 2000 because of it being unable to settle its creditors. Sekunjalo, a black empowerment company, made substantial investments in Leisurenet to the extent that at the time of Leisurenet"s demise, Sekunjalo was a major shareholder in Leisurenet holding 18% of Leisurenet"s equity. Along with all the other shareholders and various financial institutions who funded Leisurenet, Sekunjalo has, as a result of Leisurent"s collapse, lost its entire investment in Leisurenet. An enquiry is presently being conducted into the circumstances leading to the collapse of Leisurenet. From the evidence which has already been led it has become abundantly clear to Sekunjalo that a substantial portion of the responsibility for the losses sustained by Sekunjalo and many of the other investors may be attributable to Leisurenet"s auditors, Deloitte & Touch, for the following reasons: 1. Year after year Deloitte & Touche prepared the financial statements on a basis which, it now appears, may not have been in accordance with acceptable accounting practice, which may have created a false impression as to the financial position and profitability of Leisurenet. In December 1999, based on the financial results approved by Deloitte"s, Leisurenet showed an after tax profit of a R115 million whilst, in September 2000, after Deloitte"s had restated Leisurenet"s interim results in accordance with its amended accounting practice, it reflected an after tax loss of R53 million, a reverse of profitability of R168 million; Deloitte"s had knowledge of Leisurenet"s extensive liabilities for the financial year end December 1999, and particularly the contractual liabilities namely the guarantees which Leisurenet had bound itself to for almost R900 million, but did not disclose them in Leisurenet"s annual report and financial statements as at December 1999. In evidence led at the enquiry it emerged that Deloitte"s working papers clearly made provision for a number of contingent liabilities which, for a reason unknown to Sekunjalo, were not disclosed. Sekunjalo believes that Deloitte"s knew of the guarantees and owed a duty to Leisurenet"s shareholders to ensure that the financial statements of Leisurenet reflected the true and proper position. The failure by Deloitte"s to insist on the disclosure of these material facts in the financial statements or in turn to qualify the financial statements of Leisurenet led Sekunjalo and many other investors to believe that Leisurenet"s financial position was far stronger than it actually was and resulted in Sekunjalo, the other investors and their financiers being deceived; Deloitte"s in addition to rendering auditing services rendered consulting services to Leisurenet and to members of its executive management. Deloittes failed to insist on proper disclosure of the business relationship between the related parties in Leisurenet and Leisurenet itself. Significant similarities can be drawn between the demise of the American Multinationals such as Enron and WorldCom, and of LeisureNet and the roles played by these companies" auditors and consultants in amongst other things utilising accounting policy which had the affect of inflating their financial figures and forecasts, and failing to make full disclosure of information within their knowledge that would have had a substantial affect on investor confidence and the financial position of the company. As Sekunjalo is a black empowerment company, many of its black community shareholders have suffered extensively as a loss of the investment in Leisurenet. Sekunjalo is determined to recover for them, and to give back to the community shareholders, every cent which is legitimately claimable from the parties responsible for that loss. There must be many hundreds of investors who bought and held on to Leisurenet shares in the same way that Sekunjalo did. Many of them will have lost what is to them a significant amount, yet may be too small an amount for them to individually institute an action against the parties responsible. Sekunjalo is of the opinion that a claim of this nature could run into hundreds of millions of rands. Sekunjalo realises that this may well be a situation where a class action will afford an appropriate remedy for these shareholders. For this reason, they are delaying instituting action for a period of 2 weeks in order to ascertain whether in fact there are other shareholders in the same position as Sekunjalo which would justify a class action. Should anyone wish to enquire about joining in a class action, they are requested to call Rael Gootkin or Gavin Fitzmaurice at Mallinicks Inc. at 410 2200. Issued by: Mallinicks Inc on behalf of Sekunjalo Investments Limited For further information, contact: DR IQBAL SURVE, CEO of Sekunjalo Investments Limited, on Telephone: 021 683 9100 or Cellular: 082 491 0179 Date: 26/05/2003 02:30:04 PM Supplied by www.sharenet.co.za Produced by the JSE SENS Department

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