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This profile was last updated on 10/20/14  and contains information from public web pages and contributions from the ZoomInfo community.

Mr. Tony Mostert

Wrong Tony Mostert?

Chief Executive Officer, Commerci...

Email: t***@***.com
Local Address: South Africa
Company Description: Over the years, the firm has strived to maintain its reputation for the outstanding legal advice provided to curators and liquidators who are appointed to regulate...   more
Background

Employment History

25 Total References
Web References
AL Mostert & Company :: Practitioners
www.mostertlaw.com, 20 Oct 2014 [cached]
Tony Mostert
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TONY MOSTERT
CEO, Commercial Attorney
Since 1971 the senior partner of the firm Mr. Tony Mostert, has practised as an attorney without interruption. His practice has been varied and he has gained experience in most spheres of a commercial and corporate nature. For the past 30 years he has specialised in the recovery of large claims on behalf of various banks, financial institutions and individuals, both locally and abroad. These recoveries involved insolvency enquiries as well as the recovery and seizure of assets internationally. During the past 15 years he has gained experience in dealing with a wide range of matters involving pension funds and the administration thereof.
He has also been involved in matters relating to large number of insolvencies as well as investigations relating to the commercial transactions of private and public companies, and the recovery of funds locally and abroad. Mr Mostert has also been involved in multi-million Rand foreign exchange investigations in close co-operation with the Reserve Bank of South Africa and the Commercial Branch of the South African Police Services.
In 2005, he was appointed as the curator of Mitchell Cotts Pension Fund, pursuant to earlier investigations that he and the FSB Inspectorate had made which exposed what became known as the Ghavalas option. In his curatorship of Mitchell Cotts, a number of similar pension fund surplus stripping schemes were uncovered and due to Mr. Mostert's in depth investigations, knowledge and understanding of surplus stripping, he was appointed in several pension funds such as the SACCAWU National Provident Fund.. Mr. Mostert's involvement in that Fund is widely reported on in various reports to court and summarised in the judgement of Bertelsmann J (April 2011).
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Personal Assistant to Tony Mostert and Jean Polson
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Personal Assistant to Tony Mostert and Jean Polson
Tony Mostert, curator of the ...
citizen.co.za, 17 Dec 2013 [cached]
Tony Mostert, curator of the Cadac Pension Fund (CPF) has brought an application for an urgent interdict in the KZN High Court to stop the sale of any assets from the insolvent estate of British businessman Matthew Machin.
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This follows the sequestration of Machin in September this year and after Mostert commenced sequestration proceedings against Machin in Cape Town in April this year.
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Mostert initiated an application for his sequestration in the Western Cape High Court in April as Machin was unable to repay a debt of R10.3m to the CPF.
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Mostert said: "Machin involved himself in an attempt to assist Brown and Nash with a smear and frustration campaign against myself as a curator of delinquent pension funds, the FSB, the South African Police Services (SAPS) and the National Prosecuting Authority (NPA), entities involved in the investigation and/or prosecution of Brown and Nash with regard to criminal charges of fraud and theft from pension funds in which losses amounted to hundreds of millions of Rands."
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In August, Mostert became aware that Machin had arranged a 'friendly sequestration' in the Pietermaritzburg High Court and that Padayachee was his attorney for this application as well.
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In court papers, Mostert alleges that Machin gave a false address as his place of residence to enable the Durban court to hear his application.
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Mostert has told the court that that matter is urgent because the CPF Trustees, "have failed to carry out their duties and have permitted this underhanded dealing to take place to the prejudice of the Estate".
They are Dube Tshidi, the chief ...
mg.co.za, 2 Sept 2011 [cached]
They are Dube Tshidi, the chief executive of the Financial Services Board (FSB), and Tony Mostert, a high-profile attorney who has cornered a highly lucrative market in relation to an unusual set of pension funds.
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Private conversations between Mostert, his team and Tshidi, taped by a rogue lawyer, strongly suggest that Tshidi abandoned his legally required independence to follow Mostert's dictates.
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Private conversations between Mostert, his team and Tshidi, taped by a rogue lawyer, strongly suggest that Tshidi abandoned his legally required independence to follow Mostert's dictates.
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On December 23 last year Tshidi applied to court -- on an urgent ex parte basis (without hearing the other side) -- to have the Cadac fund placed under the immediate control of Mostert via a curatorship order.
Ghavalas funds Although the move was portrayed as a bid to protect the fund, the taped private comments that have now emerged suggest it was really intended to cut off the financial oxygen to the last obstacle to Mostert in his bid to gain total control of pension funds dubbed the "Ghavalas funds".
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Was it your legal department or was it Mr Mostert?
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Tshidi: "I talked to my legal team, I did not talk to Mr Mostert."
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Now tapes have emerged showing that on December 15 and 16 last year Tshidi attended an urgent meeting called by Mostert at his office.
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Transcripts of the meeting, attached to a legal challenge to Mostert's appointment, suggest that Mostert's team and his advocate played the lead role in planning and executing the curatorship application, which was launched formally in Tshidi's name a few days later.
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Mostert also bats away the allegations, but has a lot at stake.
Beginning in 2005, in collaboration with the FSB and the National Prosecuting Authority, he took on individuals and companies alleged to be conspirators in a scheme in the 1990s that became known as the "Ghavalas option".
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So Mostert has been highly successful, though the backing of the powerful FSB has been crucial to his success in forcing the repayment of close to R1-billion.
It has also been extremely lucrative for him and his associates, based on agreements with the FSB that grant him a share of the recovered amounts and allow him to employ his own law firm and chosen advocates.
According to written answers in Parliament by Finance Minister Pravin Gordhan on February 18 this year, Mostert and his associates received about R234-million in fees and legal disbursements, amounting, so far, to just less than 25% of the recovered R946-million.
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The question now is whether, in the process, Mostert has not become something of an ogre himself. The answer has possible implications for his standing as an attorney and continued fitness to act as a curator and liquidator.
The same question has been raised previously during sometimes bitter litigation, but has been brought starkly to the fore by the legal battle over the latest fund to be placed under Mostert's provisional curatorship, the Cadac Pension Fund.
Cadac In his bid to gain control of the Cadac fund Mostert may have overreached himself.
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In an affidavit in support of an application to remove Mostert as the Cadac Pension Fund curator, Nash states: "Not one of the [FSB Section 14] certificates has been set aside … Mostert's tactic is not to challenge the transactions on their merits, but rather to control the criminal prosecutions and extort settlements from (accused persons) by settling the criminal prosecution in exchange for large amounts of money in which he shares handsomely."
Mostert counters: "It does not lie in the mouth of any of the perpetrators of the crimes to complain about the fact that the curators/liquidators are incentivised to make recoveries."
Mostert dismisses as "preposterous" claims that he can control the National Prosecuting Authority, pointing out: "For years, at least three, there has been a rift between the prosecution, NPA and Mr Mostert, given the fact that he has levelled criticism for not assisting the curators in certain respects.
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But criticism of the relationship between the FSB, the prosecution and Mostert has been raised by others.
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At one point advocate Mike Hellens, for Ghavalas, put on record that Mostert's advocate had confirmed that Mostert had attempted to gain control of Ghavalas's company in order, as curator, to withdraw the company's challenge to a search warrant obtained against it.
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After Mostert was appointed provisional curator of the Cadac Pension Fund, fund members appointed new trustees to take a position on how to respond.
Mostert repeatedly characterises them as Nash's puppets, without offering any evidence to back up this claim. Contrary to that view, the new trustees accepted that a curator should be appointed to investigate the fund's affairs, given that there were serious allegations against both Nash and Marks, but they argued that Mostert was entirely unsuitable to serve in that position.
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Mostert was, therefore, conflicted.
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By this time Mostert had used his control of the pension fund to cut off their funding. It is a measure of the professional outrage provoked by the recordings that the trustees' legal firm, Werksmans, opted to continue the litigation at risk, while giving notice that it intended to claim costs from Mostert personally.
In their petition the trustees state: "We are advised that it will be argued at the hearing of the application that at least Marks and Mostert have rendered themselves guilty of unprofessional conduct of the most egregious nature.
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"It will be submitted at the hearing of this application that the manner in which Mostert and Tshidi colluded in instituting the curatorship application is consistent with a 'sinister' and 'undesirable' relationship."
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In his formal response these allegations, Mostert said: "This matter is the subject of the pending application for curatorship of the Cadac Pension Fund, the allegations will be addressed in the course of the litigation and will be pronounced upon by court in determining this matter.
"Mr Mostert is therefore unable to provide you with a response at this point in time.
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Tony Mostert
Tony ...
www.mostertlaw.com, 9 Jan 2014 [cached]
Tony Mostert
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Palesa Rantsho - Personal Assistant to Tony Mostert and Jean Polson
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Marlene Joubert - Personal Assistant to Tony Mostert and Jean Polson
The South Gauteng High Court has ...
citizen.co.za, 17 Dec 2013 [cached]
The South Gauteng High Court has confirmed the appointment of attorney Tony Mostert as curator of the Cadac Pension Fund (CPF), and has saddled Cadac CEO Simon Nash, his co-trustees, and sequestrated British businessman, Mathew Machin, with punitive costs orders.
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The FSB had sought the court's imprimatur that Mostert be confirmed as final curator of the CPF.
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Heaton Nicholls observed, "The need for the curatorship [of the CPF] had been conceded and the real issue in dispute is the suitability of Mostert as curator.
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The CPF Trustees were wholly unsuccessful and the court dismissed their case, saying, "Mostert should not be out of pocket as a result and I intend to award costs on an attorney and client scale."
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