Trustees of the insolvent estate of slain mining magnate Brett Kebble want more than R25-million back from beneficiaries of Kebble's largesse, ranging from senior African National Congress members to a prominent business journalist, Business Day newspaper reported on Wednesday.

They all allegedly received "donations", made for unspecified reasons between 2003 and 2005, when Kebble's estate was already insolvent, say the trustees. In some cases the donations took the form of regular monthly payments.

The newspaper reported that prominent ANC Youth League (ANCYL) member Lunga Ncwana, his wife Nora and the Ncwana Family Trust lead the pack with more than R10-million in donations from Kebble, followed by various ANC branches, which owe R4.6-million.

Journalist and long-time friend of Kebble David Gleason and his company, Gleason Publications, together owe R3.4-million, the ANCYL R1.3-million, Kebble's brother Guy one-million and ANCYL national executive committee member Songezo Mjongile R846 147.

Among those owing about half a million are ANCYL secretary-general Sihle Zikalala with R600 000, Fikza Investment Holdings, run by Social Development Minister Zola Skweyiya's wife, Thuthukile Mazibuko Skweyiya, owes R400 000, and the late John Gomomo, former ANC MP and chairperson of Parliament's portfolio committee on public service and administration, who received R481 761.

Gomomo died in January and trustees are awaiting the appointment of an executor for his estate before taking further legal action.

Carl Niehaus, former ANC national executive committee member, MP and head of the Gauteng Development Agency, is said to have received R77 573 from Kebble.

It was not clear whether he intended to oppose the claim against him, the newspaper said.

Gleason's court documents claim he received regular monthly payments from Kebble from April 2003 until a month before Kebble's death.

This was while he contributed a weekly column to Business Day. His column was eventually terminated because of misgivings about his objectivity.

Trustees are now looking to combine the case against Gleason, set down for 20 August, with that of his company, Gleason Publications, which has been set down for September.

Gleason had denied owing Kebble's estate any money.

The donations contravene the Insolvency Act

The trustees argue that the donations contravene the Insolvency Act, which stipulates that donations cannot be made if liabilities are higher than an estate's assets. This was the case with regard to Kebble and the money has to be returned, they say.

Ncwana used the money to improve his mother's property, and one of his own, in Cape Town, in Pinelands and Tokai, respectively. He is counterclaiming, arguing that he is in fact still owed money from the Kebble estate for services rendered.

Among the work he claims to have done for Kebble was to facilitate the acquisition of 30 percent of Boschendal Estate by Chris Nissen's company, Kovacs Investment 603. JCI provided Kovacs with a commercial loan and debenture agreements.

Mazibuko Skweyiya has denied there is any thing sinister about the money paid by Kebble to Fikza Investment. She said it was used to kick-start a R32-million wine project she had begun. She allegedly began receiving the money in 2004.

Missing from this latest list are several people alleged to have received money from Kebble according to documents belonging to the deceased businessman.

These include former ANC chief whip Tony Yengeni, who received at least R90 000 in the 2004 tax year; Dali Tambo, son of the late Oliver Tambo, who received about R300 000; and Mazibuko Skweyiya again, who received R135 000. It is not clear if these people have paid the trustees back or are still to be pursued.

ANC politician and businessman Nissen repaid the R370 000 he was allegedly paid for consultancy work.

The Democratic Alliance has repaid the R250 000 donation it received from Kebble in 2004. This is not the first time Mazibuko Skweyiya has made headlines over loans received. She received R65 000 rand from Sandi Majali — a man named in the Oilgate scandal in 2005 — to renovate her kitchen.

"Donors receive value for the funds donated"

The ANC and the ANCYL denied in court last year that the donations were "dispositions without benefit for the estate".

The then ANC treasurer, Mendi Msimang, rather controversially argued in his affidavit that "donors receive value for the funds donated" through the "indirect benefit" that their companies operated in a political climate "which was borne through the gallant effort and contribution of the ANC".

The recovery of donations made by Kebble will be little more than a drop in the ocean when it comes to his creditors. These include the South African Revenue Service, which is said to be claiming nearly R200-million in unpaid taxes and penalties, and Randgold, which was advised after a forensic audit in 2006 to claim back R390-million from Kebble's estate.

Forensic reports by Umbono Financial Advisory Services found widespread fraud.

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