- To
-
Narend Singh
- From
-
Rebecca leslie Jonathan
- Subject
- LETTER DATED THE 10 NOVEMBER 2020 - ALLOCATION OF FISHING RIGHTS
- Date
- March 21, 2021, 3:53 p.m.
Dear Mr Singh
My name is Ms Jonathan an ex employee of the Oceana Group and a current shareholder of the Oceana Empowerment Trust. I refer to an article published on the net, dated the 10th Day of November 2020 regarding DAFF’S policies and procedures for the allocation of Fishing Rights
.
Your comments are noted, and I am in agreement with you. I therefore can support your comments with factual evidence upon request. Individuals and smaller fishing companies was not allocated with Fishing Rights due to the biggest Fishing Company in South Africa, “The Oceana Group” using the allocated Fishing Rights for the benefit of themselves. The Oceana group participated with no participation of economic interest of black people
The South African economy funds was used to benefit a US citizen -Mr Francois Kuttle. Mr Kuttle re-located to the US in 2018 after he won the Daybrook Fishery deal. Mr Kuttle was supported by the Oceana Group as they are shareholders of Daybrook Fisheries in the US.
The Oceana Group established a BBEE Trust (The Oceana Empowerment Trust) in the year 2007,to enable and facilitate direct and beneficial participation for their existing and future black employees . This was done for the purpose of acquiring long term Fishing Rights as DAFF’s number one requirement was based on transformation. The Oceana Group was not compliant with the rules and policies set out by DAFF
The Oceana Group used the black employee’s credentials as a B-BBEE Fronting for the purpose of acquiring and securing long term Commercial Fishing Rights. The Oceana Group issued their black employees with shares , hence making them shareholders , then thereafter transferred the shares out of their names .The Oceana Group trustees transferred and registered the shares on their names as the legal and beneficial owners of the black employees shares for the benefit gain of Oceana
Therefore it could not be said , that the Oceana Group had black shareholders whilst they enjoyed the benefits of being allocated Fishing Rights .
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The Oceana Group misrepresented and induced the black shareholders into an agreement using a R100 000 payout to extend the lock in period for a further 4 years , until January 2021 , so they could acquire Foodcorp’s Fishing Rights in 2014 ,to increase their Fishing Quota ,which is predjuice to other applicants
We only became aware of this fraudulent transaction after January 2021 when we became eligible to cash out the value of our shares . Upon investigation in February 2021 , we found out that we were not share holders. Oceana had also given all the black shareholders certificates that has the name of Khula Trust endorsed on it. The black shareholders belong to the Oceana Empowerment Trust .This is considered as an invalid certificate as the Khula Trust diluted in 2006.
In actual fact we were never shareholders of the Oceana Group, as we do not have any rights to our shares. This also means that the Oceana Group was allocated with Fishing Rights for the benefit of themselves and made billions of rands from the South African Economy.
The CEO – Mr Kuttle of the Oceana Group who is a US citizen was allocated with shares from the Oceana Empowerment Trust . This is in contrary to all the applicable rules and laws of the South African Government.
Funds that was intended for black people from socia economic backgrounds, was used to fund a united states citizen . The Oceana Group had also forwarded false information to the JSE. Clearly this equates to Fraud & Corruption
The Oceana Group failed to comply to the applicable rule regarding transformation therefore DAFF and all interested parties should conduct an investigation on Oceana before new Fishing Rights allocation is awarded to Oceana in 2021
I have opened a case of Fraud against the Oceana Group, which is currently being investigated. We have instructed our legal representative to proceed with a civil claim against Oceana.
The black shareholders has been diluted as of the 15th of January 2021 , the Oceana group are now re issuing shares to their employees for a further 10 year lock in period to maintain their BBBEE status for their Fishing Rights allocation.
Whilst the investigations is in progress, Oceana’s Fishing Rights should be suspended until the investigations is concluded.
We the black shareholders are aggrieved by the fraudulent transfer of our shares and want justice to prevail against the Oceana Group. Should you require any further information, you may contact me on 074 768 3994
Future replies will be published here.