Saddiq, using the credentials of Johannesburg attorney Alex Mashishi and advocate Ettienne Makoele, successfully obtained an order to take control of Reshma Traders, owners of Deshai Bazaar, on February 23 despite his documents being riddled with spelling mistakes, grammatical errors, and containing allegedly forged commissioner of oath stamps and illegible Companies and Intellectual Properties Commission documents.
Saddiq claimed in this application that Reshma Traders owner Zakir Hossain had reneged on a R23m sales agreement.
The import-export company is believed to have been targeted because it had both South African and offshore bank accounts, which the syndicate allegedly used to launder and divert money into its own accounts.
The order, which was overturned by Hossain on appeal, gave Saddiq ownership of all of the business’s stock, premises, salespoint machines, warehouses, vehicles, computers and business insurance policies believed to be worth millions.
The online case filing system was first piloted in the North and South Gauteng high courts in 2019 and officially launched in January 2020. It is used only in Gauteng, which has South Africa’s busiest high court rolls.
Strydom, responding to detailed questions from TimesLIVE, said her client “was only charged with conspiracy to commit murder and intimidation”.
“These charges are malicious and based purely on facts that are untrue and an attempt to cast our client in a bad light.
“These charges are due to the fact that he refused to pay the complainant [Hossain] R50,000 after the complainant attempted to extort the money from him.”
She said on April 4 they filed an appeal against the court order which returned control of Reshma Traders to Hossain.
Strydom would not provide the appeal documents “as the matter is sub judice”.
Asked about Saddiq’s use of Mashishi and Makoele practice names and details, Strydom said he [Saddiq] had known Mashishi for seven years and that they had worked together on numerous occasions.
“Our client approached Mashishi to assist him with the high court matter but was referred to Makoele for assistance. He paid him [Makoele] R20,000. Mashishi gave Makoele permission to use the name of his firm to assist our client with the matter on case court online, however before the matter could be heard Makoele advised that he was unable to assist and our client was left to represent himself.”
She said Saddiq had never been arrested on charges of business hijacking or for creating or producing fake court documents or impersonating a police officer.
“Our client was approached by Wasim Zabi to help him purchase the business for R23m. He was offered 20% of the business for his assistance.
“The [court] application was launched after Hossain refused to hand over control of the business.”
She said the allegations that Saddiq was running an extortion racket were denied and that he had in turn laid criminal charges of armed robbery, extortion and intimidation against the police investigating him.
Approached for comment Mashishi dismissed Saddiq’s claims as “lies”.
“I have no details of the matter. I have no file on the matter. I have never seen the client at all. I have also never discussed this matter with this person or the advocate.
“It is not normal within our practice to give an advocate a matter to proceed at court without seeing the client personally or consulting with the client.”
He described the use of a lawyer’s practice name or details by an applicant in a matter, without that applicant having legal representation, “as a first”.
“What surprises me more is how do you represent yourself in a matter before a judge but an attorney does not appear before the judge?”
Mashishi said he was considering his legal options in regard to the matter.
Makoele said he had never represented Saddiq in the matter.
“Saddiq approached me to do an urgent application in the high court. I referred him to Mashishi. He called me back a couple of days later and said Mashishi wanted a lot of money.
“He then asked me to help him draft a contract, which was a deed of sale. It was not for this business, it was for another job.”
He said he was paid R5,000 for drawing up the contract.
“Saddiq then asked me to look at documents and asked me to consult on them, but I told him no as they were fraudulent, that everything that he had given me was fraudulent and that there was no way any attorney could represent him on this.
“That was when we parted ways. I have never given him instructions or permission to use anyone’s practice name or number. Even if you give instructions it is only that attorney who can log on to the court case online system as they have to use a password to gain access. I have no idea how he was able to gain access to Mashishi's case line [profile].”
Makoele said on the “face value” the documents Saddiq gave him he could see they were fraudulent.
“I also read the documents. I told him that I could not represent him.”
He said he believed Saddiq’s court application was solely about gaining control of the business.
“He was using fraudulent documents and banking records. On the document he claims the sale of the business was for R23m, but bank records reflect no monies were paid.”
Approached for comment on Mashishi and Makoele's claims, Saddiq said: “I am referring you to the answers provided to you by my attorneys and myself which I stand by [sic].”
Despite promising to provide affidavits, cellphone screenshots of conversations and bank statements that he had hired Mashishi and Makoele, Saddiq failed to do so by the time of publication.
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Pakistani businessman accused of strong-arming foreigners out of businesses using bogus court documents cries foul
Hafiz Saddiq claims he is being framed by police officers robbing and extorting foreign business owners. Lawyers linked to Saddiq's court application deny they were involved in the matter and claim their legal practice credentials were falsely used
Image: Supplied
A Pakistani man charged with intimidation and conspiring to murder a police officer investigating him for alleged extortion insists he is being framed.
Hafiz Saddiq, speaking to TimesLIVE through his attorney after he appeared briefly in the Alexandra magistrate’s court on Tuesday, claimed he was being framed by police officers who he alleges are corrupt and involved in the kidnapping and robbing of foreign business owners.
Saddiq, who was granted R50,000 bail earlier this month, is set to appear in court again on May 22. He was arrested in March.
TimesLIVE understands he is also under investigation for impersonating a police officer. In a video, in TimesLIVE's possession, he claims to work for the SAPS crime intelligence anti-kidnapping task team.
Saddiq’s lawyer, Sanet Strydom, told TimesLIVE he had been a crime intelligence informant since 2017.
She declined to provide any proof, including his SAPS informant credentials, when asked “due to fear of his safety should the same become public knowledge”.
Strydom did provide a signed affidavit reportedly from Saddiq’s neighbour and close friend who allegedly witnessed his recruitment as a crime intelligence agent.
The neighbour could not be reached for comment to independently verify the claims.
Image: Supplied
Saddiq’s arrest follows a six-month investigation by organised crime detectives into his alleged hijacking of foreign owned businesses through urgent court orders.
He is accused of falsely using Johannesburg lawyers' practice names and numbers to file court applications through the Gauteng court case online system to seize control of targeted businesses allegedly under false pretences, including using fake sales agreements, and without the legitimate owners’ knowledge.
Image: Thapelo Morebudi
Saddiq, using the credentials of Johannesburg attorney Alex Mashishi and advocate Ettienne Makoele, successfully obtained an order to take control of Reshma Traders, owners of Deshai Bazaar, on February 23 despite his documents being riddled with spelling mistakes, grammatical errors, and containing allegedly forged commissioner of oath stamps and illegible Companies and Intellectual Properties Commission documents.
Saddiq claimed in this application that Reshma Traders owner Zakir Hossain had reneged on a R23m sales agreement.
The import-export company is believed to have been targeted because it had both South African and offshore bank accounts, which the syndicate allegedly used to launder and divert money into its own accounts.
The order, which was overturned by Hossain on appeal, gave Saddiq ownership of all of the business’s stock, premises, salespoint machines, warehouses, vehicles, computers and business insurance policies believed to be worth millions.
The online case filing system was first piloted in the North and South Gauteng high courts in 2019 and officially launched in January 2020. It is used only in Gauteng, which has South Africa’s busiest high court rolls.
Strydom, responding to detailed questions from TimesLIVE, said her client “was only charged with conspiracy to commit murder and intimidation”.
“These charges are malicious and based purely on facts that are untrue and an attempt to cast our client in a bad light.
“These charges are due to the fact that he refused to pay the complainant [Hossain] R50,000 after the complainant attempted to extort the money from him.”
She said on April 4 they filed an appeal against the court order which returned control of Reshma Traders to Hossain.
Strydom would not provide the appeal documents “as the matter is sub judice”.
Asked about Saddiq’s use of Mashishi and Makoele practice names and details, Strydom said he [Saddiq] had known Mashishi for seven years and that they had worked together on numerous occasions.
“Our client approached Mashishi to assist him with the high court matter but was referred to Makoele for assistance. He paid him [Makoele] R20,000. Mashishi gave Makoele permission to use the name of his firm to assist our client with the matter on case court online, however before the matter could be heard Makoele advised that he was unable to assist and our client was left to represent himself.”
She said Saddiq had never been arrested on charges of business hijacking or for creating or producing fake court documents or impersonating a police officer.
“Our client was approached by Wasim Zabi to help him purchase the business for R23m. He was offered 20% of the business for his assistance.
“The [court] application was launched after Hossain refused to hand over control of the business.”
She said the allegations that Saddiq was running an extortion racket were denied and that he had in turn laid criminal charges of armed robbery, extortion and intimidation against the police investigating him.
Approached for comment Mashishi dismissed Saddiq’s claims as “lies”.
“I have no details of the matter. I have no file on the matter. I have never seen the client at all. I have also never discussed this matter with this person or the advocate.
“It is not normal within our practice to give an advocate a matter to proceed at court without seeing the client personally or consulting with the client.”
He described the use of a lawyer’s practice name or details by an applicant in a matter, without that applicant having legal representation, “as a first”.
“What surprises me more is how do you represent yourself in a matter before a judge but an attorney does not appear before the judge?”
Mashishi said he was considering his legal options in regard to the matter.
Makoele said he had never represented Saddiq in the matter.
“Saddiq approached me to do an urgent application in the high court. I referred him to Mashishi. He called me back a couple of days later and said Mashishi wanted a lot of money.
“He then asked me to help him draft a contract, which was a deed of sale. It was not for this business, it was for another job.”
He said he was paid R5,000 for drawing up the contract.
“Saddiq then asked me to look at documents and asked me to consult on them, but I told him no as they were fraudulent, that everything that he had given me was fraudulent and that there was no way any attorney could represent him on this.
“That was when we parted ways. I have never given him instructions or permission to use anyone’s practice name or number. Even if you give instructions it is only that attorney who can log on to the court case online system as they have to use a password to gain access. I have no idea how he was able to gain access to Mashishi's case line [profile].”
Makoele said on the “face value” the documents Saddiq gave him he could see they were fraudulent.
“I also read the documents. I told him that I could not represent him.”
He said he believed Saddiq’s court application was solely about gaining control of the business.
“He was using fraudulent documents and banking records. On the document he claims the sale of the business was for R23m, but bank records reflect no monies were paid.”
Approached for comment on Mashishi and Makoele's claims, Saddiq said: “I am referring you to the answers provided to you by my attorneys and myself which I stand by [sic].”
Despite promising to provide affidavits, cellphone screenshots of conversations and bank statements that he had hired Mashishi and Makoele, Saddiq failed to do so by the time of publication.
TimesLIVE
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