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What's causing delay of Royal AM sale revealed?

After the PSL made a ruling on a Nedbank Cup fixture involving Royal AM, KickOff has the latest on what's causing the delay with a decision on suspended Betway Premiership matches.

The PSL have made a decision to eject Royal AM from the Nedbank Cup "in the interest of time" after their fixtures were suspended following a financial impasse with the League.

The PSL have been forced to deal with the SARS curator, to offer financial guarantees in order to continue with fixtures or sell the club, after the club's assets were attached by the tax collector for non-compliance.

This website understands the matter could have been long resolved, either through expulsion or Royal AM being sold, but what is holding the issue is that SARS is dealing with Shandi Trust and the KZN outfit, which are owned separately by Mkhize, simultaneously.

Indications are that Royal AM are under MaMkhize, but her other assets are under a trust and this has created a legal backlog.

"What people don't understand is whatever belongs to a trust has got nothing to do with the person in their own capacity," Mpho Nkontlha of Nkontlha Attorneys, a commercial and sports law firm, explains in conversation with KickOff.com.

"If you've got a house and want to put it under a trust, that house is not yours. If there is a debt regarding that house, the Sheriff of the Court will not come and attach your personal assets. A trust has got its own debts.

"I believe the cars and house of MaMkhize are under the trust," he added.

Nkontlha went on to reveal that potential buyers are dragging their feet because of the legal process of sorting out which debts belong to the Shandi Trust and which liabilities to Royal AM.

"There is what we call insolvency procedure, whereby people who are being owed money, the players, they go to court. This is what we call involuntary surrender. They go to court and say this entity owes us money," says the legal guru.

"In order for those people to be paid, all the assets which can be sold, movable and immovable, are sold. But when they are sold, they are sold as a going concern and whoever buys it, he buys it with its own liabilities.

"So, it's very difficult for any other person to buy it (Royal AM) because there's debts belonging to MaMkhize and debts under the trust.

"The debts under the trust are not personally to MaMkhize, so it's very difficult to find someone who wants to buy the club.

"There are many people who want to buy it, but the valuation and risk assessment is affected by legalities on which liabilities are under Royal AM and which debts are under a trust (Shandi Trust)," Nkontlha offered.

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