Daily Maverick

Another arrest has been made in the Umuthi Healthcare Solutions shares debacle

- By Tim Cohen

The listing of Umuthi Healthcare Solutions has been a debacle of note, raising questions about the due diligence conducted by the London Stock Exchange (LSE) listing authoritie­s and about the alleged illegal touting of shares in South Africa.

Colonel André Traut, the Western Cape police media officer, confirmed that Tony McKeever had been arrested on 28 January and appeared in court on 31 January on a fraud charge. Bail was granted.

McKeever’s arrest follows the arrest of both the CEO of the company, Gert Viljoen, and a one-time listings officer, Connie van Nieuwkerk, in October 2021. Charges against Viljoen were subsequent­ly dropped, but Van Nieuwkerk, also known as Van Vliet, remains in custody.

A very active group of former and current shareholde­rs in the company claim that McKeever and Van Nieuwkerk sold shares prior to the listing, which were subsequent­ly not formally registered when the listing took place, suggesting they pocketed the money.

In total, about 25 million shares are at issue in the case, theoretica­lly owned by 48 people. When the company was listed, 102 million shares, excluding the 25 million in dispute, were officially registered, suggesting that about a fifth of the shares issued may have been issued fraudulent­ly.

Meanwhile, the company has recently been in contact with shareholde­rs, putting out a statement on 28 January on the LSE news service.

The statement noted recent events and informed shareholde­rs that there were “additional Shareholde­r concerns as regards external share exchange agreements entered into prior to the Company’s listing”.

“The Board of the Company has obtained legal advice on the issues raised by shareholde­rs and will shortly be discussing its conclusion­s with interested parties, including the FCA [Financial Conduct Authority]. Based on the legal advice obtained, the Board is of the view that the concerns raised, relate to third-party over-the-counter share transactio­ns between private individual­s and do not involve the Company or its Directors.”

The statement acknowledg­ed that, although “there may be claims against the individual­s with whom these participan­ts transacted that misreprese­nted the number of shares that would be acquired, it is the Company’s considered view that no claim against the Company would succeed as the individual­s concerned, whether purported buyers or sellers, acted personally and without the Company’s knowledge and that there is accordingl­y no entitlemen­t to additional shares”.

The statement also noted that it was “undergoing a management restructur­ing” and was “working on its business plan which will establish the strategy for future operations”.

It said that Colin Bloom had resigned as non-executive director, a potentiall­y serious concern for the group because London listings require at least one UK-based director.

“The Board of Directors is currently seeking a suitably experience­d UK based replacemen­t to take the restructur­ed business forward upon restoratio­n of the listing.” The company remains suspended and the statement provided no indication of when a replacemen­t for Bloom might

be found.

When the company was listed, 102 million shares, excluding the 25 million in dispute, were officially registered, suggesting that about a fifth of

the shares issued may have been issued

fraudulent­ly

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 ?? ?? Clockwise from top left: Umuthi CEO
Gert Viljoen. (Photo: Umuthi Healthcare); Umuthi’s listing on the LSE has been mired in controvers­y. (Photo: Andy Rain/ EPA-EFE); Connie van Nieuwkerk. (Photo: Supplied); Tony McKeever. (Photo: Gallo Images)
Clockwise from top left: Umuthi CEO Gert Viljoen. (Photo: Umuthi Healthcare); Umuthi’s listing on the LSE has been mired in controvers­y. (Photo: Andy Rain/ EPA-EFE); Connie van Nieuwkerk. (Photo: Supplied); Tony McKeever. (Photo: Gallo Images)

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