![]() Sidebar: a Golden Checkpoint represents an observer’s accepted view of a Verifiable Data Structure. If any of this doesn’t make sense then now would be a good time to review Verifiable Data Structures. If two Checkpoints are consistent then the lists they commit to are either the same, or one is a prefix of the other. Cheaply verify that another Checkpoint is consistent with it.Verify inclusion of the value at any position in the list.The case was struck from the roll pending the joining of the curator to the case.Verifiable Logs represent a list which is committed to by a Checkpoint. Trillian and Wood therefore argued that the case had to stand down until a curator, appointed by SARS, could be joined in the proceedings to hear his side of the story. But if the court agrees to liquidate Trillian, SARS will have no assets to attach. The court heard on Wednesday that, in terms of the Companies Act, the liquidation application should take precedence because it was filed before the SARS one. It is not clear whether Eskom's application can go ahead while SARS has attached Trillian and Wood's assets. Trillian also said Eskom could not try to liquidate it while that appeal was pending, and that a decision by the SCA was imminent.īut unbeknown to Eskom, it would appear, at the end of January, and in confidential proceedings, that SARS had attached Wood and Trillian's assets.īecause taxpayers' affairs are confidential by default, the entire file is now sealed from the public. In a further complication, on December 11, Trillian and Wood filed papers in the Supreme Court of Appeal (SCA) to appeal the October court order. It, however, said it had sent a letter of demand to Trillian on December 12 last year threatening further action should the firm fail to pay up in three weeks.Įskom said with every day that Trillian failed to pay, the case had grown more urgent. In court papers - not ventilated on Wednesday because of the SARS issue, Eskom waited for four months, since the October court order - to bring this application so the case was not urgent. Trillian, at the time, employed Gupta associate Essa who is sometimes referred to as the fourth Gupta brother. The central allegation is that no billable work was done on the contract and so the R595m payment was irregular. It had subcontracted Trillian as part of a project to develop a turnaround strategy for Eskom. McKinsey paid back the money paid to it, amounting to around R1bn. ![]() While Trillian and Wood have not been charged with corruption, it is alleged the contract between Trillian and consulting firm McKinsey was not valid, and the two companies were unduly paid around R1.7bn. "… contempt of court matters has a public interest element which has obvious implications for the effectiveness and legitimacy of the legal system and the legal arm of the government and which constitutes a crime that manifests itself in the contenacious disrespect for judicial authority," De Ruyter said. In a stinging affidavit by Eskom CEO Andre de Ruyter filed in court, Eskom said Trillian and Wood had broken the law by failing to pay back the R600m, and that Trillian was dormant and unlikely to ever trade again.ĭe Ruyter said Trillian, through Wood, should be held accountable for its blatant and contemptuous failure to comply with the court order. This meant the merits of Eskom's case against Trillian and Woods could not be dealt with on Wednesday.īut Eskom's legal team was clearly hoping to get stuck into the heart of the matter. Trillian and Wood's lawyers argued the case could not go ahead unless SARS' curator was joined to the proceedings, to which Judge Natvarlal Ranchod agreed. 'Blatant and contemptuous failure to comply' But the case took a surprising turn when it emerged SARS had obtained an order on January 31 to attach the assets of Trillian, Wood and various subsidiaries of their companies. READ | Trillian: Eskom's attempt to liquidate firm are 'frivolous and vexatious'Įskom wanted it to be heard as an urgent matter. The liquidation application and the contempt of court case was due to be argued in the High Court on Wednesday. ![]() This followed an order in October last year compelling Trillian and Wood to pay up, with which they have not complied.Įskom also wants Wood held in contempt of court for failing to pay back the money, and for him to be fined R1m or jailed for 30 days. READ | Trillian, McKinsey to be served over Eskom and Transnet services, NPA confirmsĮskom took Trillian and Wood to the North Gauteng High Court in Pretoria on January 17 this year, seeking to have Trillian liquidated if it could not pay up about R600m irregularly paid to it. ![]()
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