Monday, May 18, 2009

Deep rumblings: what will emerge from the mist?

Excitement is not part of my day. Yes, many have looked forward to today in anticipation, but whatever the court may decide, it is not going to be a happy end to our dilemma; no celebratory outcome. Even if the company is finally sequestrated, there is still some way to go, and the question for some time will be: "how much will I get back". If the company is placed under Judicial Management, well, you'll probably have a few more gray hairs when the finish-line is finally reached. That is not so much my concern though, as I have few hairs left, and my beard is as grey as can be already.

As I have said in the past, my wife and I have essentially accepted the loss of money, but matters are just not that simple. A few have made many promises to many; they have signed contracts ensuring the return of money. Even after it was clear that their undertakings were unsustainable, these humans have continued to broadcast all kinds of unbelievabilities (heh-heh the spell checker doesn't like that one). Not only have they demonstrated their own naivety, but they have tried to make fools of the 4000 investors. Perhaps we were foolish, some would say and I still have something to say about that when the opportunity arises - perhaps when the dust has settled and the horizon is back in view. The fact that investors believed what was told them, promised and demonstrated to them, and thereby acted in their own interest, for their own benefit, may be described as foolish by those who know more, better, and generally have an exceptionally high IQ, but it still does not give anybody cart blanch to take others for a seriously detrimental ride. Add to that that the promises were supported, given credibility and sanctioned by institutions such as CIPRO, DTI, FSB, NCC, and SAVCA (and possibly a few others that fell below the radar), the situation is elevated to societal fraud where a smaller part of group reality are victimized by a much larger part of the reality of planet earth. Naturally, as we have seen, these institutions hide behind rules, regulations and the law as well as anonymous silence - also characteristics imbued to them by society, so that is our own fault perhaps. When I was a bit younger, the was a song about "silence is golden", I have come to the conclusion that silence is an ass. In silence truths can't be told, responsibilities cannot be accept, and in silence one can die a slow (or fast) death with a knife in your back.

The law, yes the law ...

As a result the pinnacle of the iniquitous situation is Edwafin, and what has now emerged to be the Famous four plus one (Verona seems to be some kind of groupie - however she does upset the symmetry - let's face it fivesome sounds awkward). Ironically, some of the earlier directors have left the stage, hands bloodied and consciences heavily tainted. (By the way, anonymous has also provided us with the First name of Klynsmith. It is Robert or just old Bob for short.)

Of course there is the law. Yes, the law ...

Anonymous submitted a comment this morning mentioning the possibility of a class action, and I must admit the thought has struck me some time ago already. For those not in the know, here is my non-specialist understanding of the process: a group of people who have been wronged by another person, or group of persons, collectively employ legal resources to sue the perpetrators. They share the cost, if any, but also benefit collectively from whatever the results of such a case may be. This has become very popular in the USA where fat people collectively have sued hamburger joints for selling grease, or where smokers have sued cigarette companies for causing their lungs to become a darker shade of brown. It is strange but it is true - like my inherent tendency to be decent and still refer to Stapleton as Mr.

The idea is that if enough of the investors can stand together, they may sue the directors of Edwafin (and possibly others), singularly and/or collectively for causing the predicament we now find ourselves in - perhaps to recover money (if you are very optimistic) but possibly more so to satisfy our retributive lust.

I am prepared to set the ball rolling by trying to find out who might want to participate in such a class action. There are many steps to be taken though, and we have to be certain of what we will be suing for, who we will sue, and why we will be suing. There are possibly many aspects I haven't thought of and that will be the domain of the legal people involved.

So what I propose to do is provide everybody with an email address to which you can send a note expressing your interest in participating. This does not mean that you commit yourself, but are only interested in the possibility of such action. However, you would need to provide your name and email address (or other method of contacting you), and if you like a cellphone number (for sms's), so that we can correspond with you and tell you about any progress. Your details will be kept safe, confidential, not divulged to anybody, and should you at any time decide to withdraw from the enquiry, your information will be immediately removed without questions.

What would be helpful, is if you could also provide us with your views and suggestion regarding the procedures and any other aspect of the matter. Keep in mind the more investors that we can get to participate, the better the spread of the costs. There are many other benefits I can think off, but before we get there, we first have to decide if it is going to be worth our while.

If there are any investors out there that are contemplating, or have already started, a similar action, this may be the time to stand together as others may be interested to participate in your action.

Should this effort get off the ground I undertake to set up another blog exclusively for this purpose, with only private access to those who would like to participate in the class action. Thus away from prying eyes.

The email address is edwafinclass@chromatique.com.

We'll see.

Friday, May 15, 2009

And you thought Edwafin took the Cake

Before I do my doings, I just have to reiterate what I have said before.

There is a continuous stream of emails from investors (often sons and daughters of elderly investors) who sadly are part of our demise. It is an infuriating situation and these people ask for advice. Earnestly, I am no lawyer, and am not in a position to provide you with suggestions as to what your actions should be. I have had no better luck than any of the other 4000 investors, and that is with the help of an attorney (bless her heart). As I receive information, I publish it here but only if given permission to do so. Perhaps by following this blog you might get an idea of what others are thinking and doing. You are also welcome to comment on the blog (always the newest entry) in the form of a question. That may elicit other readers to respond to you as well.
Again: please consult a lawyer. He/she will help you to place you in the best position when the time comes to act.

This is a side-issue, just to make you feel better. The following is my personal opinion, and I speak on behalf of nobody. If you are offended by my words - lucky you. Not everybody is able to comprehend as fast as you.

As one progresses through one's chosen reality, one at some stage realizes that all is possible. You think it and it there is a change that it would happen. That is essentially that Mrs Byrn of The Secret is telling the beings of planet earth. I believe her! We have proof here in Tshwane (if there ever was an abuse of entropic redundant abuse of consonances, it is Tshwane).

Edwafin is an Opera Buffa (funny, ha-ha, opera), but there is always one to top it all and that is called Opera Tragique. Twshane is a city north of Jo'burg (throught the boerewors curtain) that contains a small suburb called Pretoria. Centurion, a beautiful city, is actually part of Tshwane and that is where I live (he says proudly.) We know that Edwafin made R200 million disappear, but the managers of Tshwane all belonging to the All New Corruptoids (a species unique to SA) managed to let R600 million slip through their hands. Now, aren't we competing for a first place here? To top it all there is more than 1 Billion still to be accounted for, and another species, the Deplorable People (a species known worldwide) are a bit upset.

So what do the Corruptoids do? They decided, enough is enough, people should from now on pay their taxes a month in advance instead of the following month - they are just not to be trusted. Of course these folks are the ones who have been paying all the time in any case, so they are easy targets, and they are suddenly presented with a double whammy: taxed two months on one account. No prior warning, no courtesy note, no "we realize you are just human", nothing. And those who owe the R1,600,000,000.07 ? Nothing. Silence is the golden tool of the iniquitous.


It is time to rejoice that the Edwafin warriors do not have such all-embracing powers - there are scenarios worse than R200 million, and Patrick, Don, and Verona with a feather (I wanted to add the other fellow's name here as well - Klynsmith - I think, but I don't know the name his mother loving called him by.)

And so another week passes in sunny South Africa.
Inkozi Sikhilehle

Ouch! My nose ring hurts!

After a few days of dark clouds, the air seems to be lifting somewhat, and we have another moment to ponder the Edwafin conundrum.
Since my last entry I have heard nothing about the famous meetings to which investors were invited. I am still filled with ironic mirth when I think about the feeble attempts by the invincible four to get investors behind their attempt to force the court's hand into pronouncing Judicial Management as the solution to the problem. A problem that has in reality already proven itself to be answered: Edwafin has no money to pay anybody, and they have squandered over R200 million - a major responsibility, if you ask me. One can therefore not help but understand the four's feverish attempts at getting the court to decide to extend the pain further. Let's face it the prospects of sojourning in a SA jail is unpleasant.

Thus like warriors of old, we soldier on. I have visions of barefooted Don and Patrick, robed in leopard skin skirts, each with a feather in his hair, and bellybuttons protruding from paunchy tummies. Faces painted with red and black war paint (Edwafin colours), and the letters DMC on their foreheads, they let out the most unearthly falsetta war cries while they repeatedly shoot straw arrows at the moon, using the tiniest plastic bows. It is a pityful scene to behold: none of their arrows find their mark and they slowly make their way back to the earth below - like teardrops. (Secretly I also have conjectured Verona with a feather as well.)

Of course it is not Patrick's first war against investors, and from emails received on this side of the border, it seems that history has a habit of repeating itself. It appears that not one continent on this blue planet has escaped the unique touch of the Stapletons, and that apparently stretches from Australia to the other end of the planet in Scotland and Finland. From the statistics of viewers of this blog, there are interested parties as far afield as the USA, England, Mexico and Norway. Now that is travelling around the world - talking about the world being a small place!

The four's intentions are noble enough; deftly all together now: "we will trade ourselves out of debt". All the Angels in heaven are singing in praise and flapping their wings. Rejoice, the masters have spoken. (As I am writing this a local drunkard has just begun singing his praises on the banks of the little stream that runs past our house. He does this every Friday afternoon so I don't think he is rejoicing the Edwafin resolution - he sounds too happy so he clearly invested his money somewhere else but Edwafin.)

Let's proceed. We were discussing the ability of the masters to recoup R200 million and bring back profitability to Edwafin, mainly through the car called DMC. Now, I received an interesting email today, and hoped that I would be given permission to publish it here. But the writer has not yet responded to my request. So I do it differently (if permission is given I will publish it immediately).

So we are going to make money with the DMC. This can only happen when the following questions are answered:
  • Question: Is the designer of the DMC still employed by Edwafin?
  • Question: Are there people at Edwafin who can build the car without the designer?
  • Question: Are there any technical people at all left at DMC/Edwafin?
  • Question: Do they have money to employ a full compliment of staff to start production in January 2009? (oops, my mistake that was four months ago already)
  • Question: Whom was the homologation of the DMC awarded to?
  • Question: Is that person still with Edwafin?
  • Question: Can a car be manufactured and sold without a person who has the proxy to sign of on a finished car?
  • Question: What happened during the middle of Dember 2008?
  • Question: Why does Patrick repeatedly announce that Edwafin has homologation for the DMC?
  • Question: Why does Patrick not show proof of all these statements to the investors whom he so terribly wants to convince?
I don't know about you, you may want Patrick to continue soldiering, but my nose ring hurts.

Wednesday, May 13, 2009

Peeping through the Thunderous Clouds

Hi, I'm still here. Unfortunately, dark clouds of another kind have prevented me from attending to my daily duties in recent days. But, in between the thunderclaps, I still managed to get this little moment of quiet.

Of course, we have also had the momentous event of the meeting with investors the day before yesterday. No, I didn't go - wasn't going to spend more time and money on Edwafin, with the hope of some miracle. I don't believe that Edwafin has anything more to add to the pot but they wanted to meet us, to exert more influential pressures on us - manipulate, in other words. My personal feeling is that by meeting with them and voting according to their crooked system, will just empower them to continue their other-worldly shenanigans. But, everybody has to think for him/herself, and I may be totally wrong.

So, if there is anybody out there, who attended, enjoyed the friendly interaction (or perhaps not), and if you feel inclined in any way. Please send us a few lines of your wisdom and insight. It will help to complete the picture for all the others.

Thunder clouds are packing up again, and I shall probably re-emerge from the darkness again a bit later today.

Thursday, May 7, 2009

Come dance with me? I'll whisper sweet fibs on your ear.

It happened again. Someone sent an important comment concerning the state of affairs of DMA, and I moderated it via my cell phone. By George! this morning I discover that it wasn't published yet. And now that it has been published I can't find it. This person seems to know about DMA and says:
Do not be fooled - this pretty picture is no longer so- the factory has been devoid of semi-built vehicles for months, the workers (save for 1 Pat Malone) have been retrenched, the offices vacant save for 4 idle space fillers, equipment and stock is 'disappearing' and not much else happening except for pie-in-the-sky talk of a mine vehicle.

Who will design the vehicle?
Who will build the vehicle?
How will they buy the parts?

Worth R128 Million? - sure, and Patrick Stapleton is just a good man who has been misunderstood...

- Still not holding my breath, but sick to my stomach nevertheless.
This morning, as I went through the documents to find the instances where I, and other have been told about how the court case against Edwafin by that dear lady was of no consequence, I found a litany of memorable sayings by first my dear friend Patrick and then a bit later his associate, Don Hutchinson. Of course little Verona, is just off-stage, but still requires the prompter.

An aside: It is interesting, that the word "litany" also means prayer - so that is what they have been doing all this time!

Anyway, it is going to take some time but I will compile a list of dates and statements/promises by these folks to give you an overview of how they have tried to lead the investors by the nose - yes, like donkeys they dangled carrots before our noses, and when one carrot shrivelled up, they used a new one. The list is going to take some time but should be an indication of how little one can depend on, and trust in, these participants to the human race.

The latest issue is, of course, the impending court case - you know, the one that wasn't going to happen.

When at a recent meeting some of the investors requested a vote on the liquidation of Edwafin, the directors would have none of it. To support their point they provided figures to indicate that the company was a profitable and viable one. Of course, at that stage Don and Patrick both confirmed that with the help of their all-powerful but cheap advocates, a deal had been made with the lady and the court case was "finish and klaar" ala Patrick. Good!

Well, we all know that that was not true - don't we now? So shuddering in their little booties, the four applied for Judicial Management on the day the case went before court - thereby stalemating the works, and postponing the case again with a month.

Am I having visions, or are the four still shaking in their little booties, because now they want the help of the same investors that they treated with such immense disdain, whom they have lied to and deceived, to support their request for Judicial Management.
But they are cunning! (slinks of skelm, met ander woorde):
  • First, abracadabra! they provide you with different figures that make it look as if the company is worth virtually nothing - we dealt with that yesterday.
  • Then they want you to believe that they can make up the R200,000,000 during bad economic conditions, and in such good time that the investors will be paid again from August (2009?). That while they lost the same amount, during the five good years! Ingenious, masterful, intellectually unequivocal. The omit to tell us what will happen if their conjecture flops - doesn't happen. It is like the authority-supported clause in the prospectus that tells you that they will pay you back when you default. Like a silent fart: you hear nothing, but the smell hangs in the air.
  • Thirdly - they are transparent you know - they give you the vote: you have a choice: either we get sequestrated or your choice is for Judicial Management. The third option they do not mention directly, and that is to have the court decide by simply abstaining.
Aren't they decent people, these? Of course they are, but giving the investors a choice in the matter is not really what they want, because Ms Cowan speaks on behalf of the four when she says in her letter (24 April 2009):
"It is our bona-fide beliefs that a liquidation order made against the company would be to the detriment of all concerned, investors, employees, shareholders and their respective families alike, and to that end we advise that we will continue to strenuously oppose the liquidation application."
Isn't she just too sweet? She actually blushed when she wrote this, I'm sure. What she is actually saying is: "we give you a choice, but if you do not support us, we will fight you with all our might." She also expresses her concern, after they have laid off most of their staff (and the remaining ones are hardly paid salaries), and they have taken their investors for a merry joyride all over the universe. Naturally, the money (that is no more) that they will use to fight you, is/was yours - so they can afford to spend it. Giggle, giggle, giggle.

After all the deceptions they have fed us, they persistently refuse to provide investors with proper financial statements. They are good talkers (on second thought, perhaps not even that), but don't seem to realize that the investor can only make up his mind about these things when he sees figures on paper - this Patricksonian blabber-mouthing is just not enough anymore - in modern parlance: it sucks. The only conclusion one can come to is that once again they are again leading the investors on a path of deception. THEY ARE JUST NOT TO BE TRUSTED.

Nevertheless, I still have a deep feeling of fondness and admiration for these people - let's face it they are part of my reality, and as such have a purpose to fulfill.Next time, I will choice another reality, one with fewer funny people.