SHELLY Brown Car Wash and Refreshments, which is owned by the wife Tumisang Thahanyane, shut its doors this Tuesday. Thahanyane is embroiled in a messy fight with Tholo Energy boss, Tholo Energy CEO, Thabiso Moroahae who accuse him of stealing M40 million from the company. Shelly Brown’s owner, ’Malerato Khutlisi, told thepost yesterday they shut the business because the landlord is no longer keen to extend her contract.
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She insisted that the closure had nothing to do with the Tholo Energy case.
“The contract has expired and the landlord does not want to extend it,” she said.
In papers filed at the High Court, the police have accused Khutlisi of funding the business with money stolen from Tholo Energy, a charge she denies.
Thahanyane was Tholo’s chief operations officer responsible for, among others, the company’s financial affairs.
In February this year, the High Court issued a preservation of property order against Shelly Brown after Moroahae lodged a criminal case with the police against Thahanyane.
In an application to rescind the order, Khutlisi told the court that the police had forced her business to close without providing any proof that she had used money stolen from Tholo Energy to fund the business.
She told the court that as a result of “the unlawful closure” of her business, she had suffered economic loss of about M598 000 in profits.
“My business stands closed and I continue to pay my employees’ salaries,” she said.
“My business was not cited as an interested party and or was not joined in these proceedings,” Khutlisi said in an affidavit, citing proceedings in which the then Commissioner of Police Holomo Molibeli had obtained the order against her husband and his properties.
“There should have been evidence to the effect that the money of Tholo Energy Services (Pty) Ltd was transferred to the bank account of my business,” she said.
“My business would in turn be cited and joined as an interested party for purposes of Section 89 of MLPCA.”
The MLPCA stands for the Money Laundering and Proceeds of Crime Act.
Khutlisi told the court that she acquired Shelly Brown, a sole proprietorship, legally and it had not been used for the commission of any crimes.
She said documents the police filed in court do not refer to her business or explain what they were or what their significance were to the operations of business activities of Shelly Brown.
Her husband, Thahanyane, told the court in another affidavit that Khutlisi built her own business from scratch without any assistance of stolen money from Tholo Energy.
“I confirm that my wife, ’Malerato Khutlisi, obtained a loan from Nedbank to finance the operations of the business,” Thahanyane told the court, attaching a copy of the loan agreement.
“In addition I received funding from Standard Lesotho Bank in the form of personal loans,” he said.
He said she received a loan of M80 000 from the bank on February 16, 2022.
He said on April 15 and 19, 2022 he received a further M175 000 as a loan from the same bank and on July 22 of the same year he received another loan in the sum of M52 000.
Thahanyane said on August 2, 2022 the bank gave him a further M70 856 loan, while later on September 27 the bank gave him a loan of M60 000, and that he received another loan of M124 643 on August 7 last year.
“In a nutshell it means that in the period 2022 – 2023 I borrowed money from the bank in the total sum of M562 500,” he said.
He said the money was used to effect improvements and renovations and obtaining stock and equipment for the business of Shelly Brown.
“Any suggestion that such stock, equipment and accessories constitute tainted property is misleading the honourable court.”
Staff Reporter
