In what The Star calls an undertaking that ‘popped out of the woodwork at 4pm’ in the Western Cape High Court yesterday, lawyers for Standard Bank said the bank accounts of the Sekunjalo Group of companies would remain open even if an interim interdict against the bank was not upheld.

Judge Judith Cloete expressed her annoyance at Standard Bank and said the court was under the impression that Standard Bank wanted to apply for leave to appeal the interdict against it, so as to close Sekunjalo’s bank accounts.

At the very end of the court proceedings yesterday – after legal counsel for Sekunjalo made its arguments – Standard Bank legal representative Phumlani Ngcongo said even if the interdict against them was not upheld, Standard Bank would not close the bank accounts, pending an outcome in the SCA.

Cloete asked whether a senior representative from Standard Bank was available to explain the turn of events, but the person had left by lunchtime.

‘I would have thought that offer would have been extended months ago, not in reply on the day of the application for leave to appeal,’ said Cloete. ‘The Sekunjalo counsel was clearly under the impression, as well as I, that if this matter is not finalised in the SCA by 11 September, then it’s goodbye Sekunjalo. I had spent 48 hours ploughing through all of this (court documents), because of Standard Bank. I would have expected them (Standard Bank) to be upfront about it, it could have, quite frankly, changed a lot about how this application is dealt with.’

Cloete then turned to Sekunjalo’s legal counsel – Advocate Muzi Sikhakhane SC, Advocate Vuyani Ngalwana SC, Advocate Karabo Mvubu and Advocate Isaac Shai – saying the move was unfair towards them.

According to The Star, Sikhakhane said they had not heard about the decision from Standard Bank, and had to take instructions from Sekunjalo.

‘This has never come to us, we are here because there is an issue of closing accounts, nothing else. I think this offer is mala fide, it’s typical of how this matter is being dealt with,’ said Sikhakhane.

Earlier in the day – arguing that Standard Bank’s application for leave to appeal the interim interdict had no merit – Sikhakhane said because the interdict was interim, and not final, it was not appealable.

‘This order is not final in nature, it’s not final in effect, and therefore it’s not appealable. My authority for that statement is my learned friend himself (Advocate Robin Pearse SC, for Standard Bank), he admits that if it is not final in effect, in nature, it is not appealable.’

The report notes judgment was reserved.

Full report in The Star