The 71-year-old Mr Avhapfani Sikhwari from Thohoyandou is supposed to be enjoying his retirement and relaxing at home, but he feels betrayed. He believes his former employer used him as a B-BBEE partner without his consent. He only found out after he had retired that he was listed as a shareholder in several companies.
During an interview with Mr Sikhwari, he said that he had worked for 12 years as a personal driver for the owner of Dumela Diamond Fire (Pty) Ltd, which later became Dumela Diamond Fire Services CC, based in Johannesburg. He said that after retiring from his job in 2014, he received R5,000 for two years as part of his pension, totalling R120,000.
Shortly before Sikhwari retired, he saw a share certificate in the office of the owner of the company. This certificate, dated October 2005, indicated that he was a 12% shareholder in Dumela Diamond Fire (Pty) Ltd.
Sikhwari said that since then he had tried without success to be compensated for his shares. He believes the company made profit during the time that he was there, and that he is entitled to a part of that profit. "I need my shares to support my children in advancing their education, including my son, who has a disability," he said.
A search through the database of the Companies and Intellectual Property Commission (CIPC) indicates that Avhapfani Archiebold Sikhwari is listed as a director of five companies. The records show that he is an active director in SANR Projects, Phambili Penn Fire and Dumela Diamond Fire. He is listed as an inactive director of NSA Car Rentals and Schnell Fire Control. All the companies are listed as either inactive or in voluntary liquidation.
Sikhwari said that when he found out he was listed as a shareholder, he confronted the owner of the company, Mr William Blair. Blair then told him that Dumela Diamond Fire (Pty) Ltd, where he was listed as a shareholder, had been restructured in 2011 and continued operating under a Closed Corporation, Dumela Diamond Fire CC. "But I am still a 12% shareholder, and I'm not receiving any payment," said Sikhwari.
What followed was several years of trying to get compensation for what Sikhwari believed he was rightly owed.
Frustrated with his situation, Sikhwari sought assistance from a non-profit organisation called Thusa Lushaka Paralegal and Advice, which is currently helping him in his quest to obtain his shares.
When questioned about Sikhwari's claims, the owner of the company, Blair, initially denied knowing his former employee. "I don't remember him, and the company was liquidated some years back," said Blair.
When asked whether he intended to pay Sikhwari his shares based on the share certificate, Blair said he would sort Sikhwari out, and he did not want to involve the media. Last Wednesday (9 August), Blair visited Sikwari's home in Thohoyandou to discuss the issue. According to Sikhwari, Blair still did not agree that he was entitled to any profits (if there were any). Instead, he gave Sikwari's wife R1,500.
Follow-up questions were sent to Blair, but he did not respond.
Rendani Ramagoma, director of Thusa Lushaka Paralegal and Advice, said that they had tried to mediate. "He [Blair] promised that he would do what is right, which was never the case. He did not want to divulge how much the companies made over the years, and we plan to litigate," said Ramagoma.