A Trust broken!

Dennis Prager, the Jew, said this, “The greatest sin in religion is doing evil in God’s Name. It is the only sin in the 10 Commandments that God says He will not forgive. He is going to forgive murder, theft, adultery, lying in court. The Hebrew means, and ask any Hebrew scholar, do not carry God’s name in vain. It means someone who murders in the Name of God, steals in the Name of God, molest children in the name of God. These are the scum of the earth, the worst people on earth.” So, no one does the name of God so bad or the cause of God in this world so bad or the growth of atheism so good, as the one who does evil in the Name of God.

This explains best, the sin committed by the trustees of Mission Kwasizabantu. They, the leaders, have done predetermined, deliberate and intentional evil in the Name of God. Let me explain this evil in some detail.

Everything that is Mission Kwasizabantu is run and managed in terms of a legal Trust and certain people are the trustees and have to manage the Mission’s matters in terms of the legal entity’s constitution. The Mission’s Trust has five trustees. The five current trustees are trustees since 8 February 2012. They are Erlo Stegen, Friedel Stegen, Thofosi Dube, Eunice Ngcamu and Arno Stegen.

Constitution: KSB Trust.

Let me explain to you the KSB Trust Constitution. First, read the constitution below.

CONSTITUTION

1          NAME: MISSION KWASIZABANTU (hereinafter referred to as “the Mission”)

2          AIMS AND OBJECTIVES:

2.1       To carry out the work of Christian Missionaries generally in all its various spheres according to the Gospel of Jesus Christ as contained in His Holy Word, the Bible.

2.2       To render spiritual and physical assistance to whoever may be in need thereof.

2.3       To carry out the aims and objectives as specified herein as a free and voluntary service to the community at large for no remuneration.

3          MEMBERSHIP:

3.1 All persons who at the date of acceptance of this Constitution are actively engaged in the work of the Mission and whose names appear in the Register of Members, which will be especially compiled for the purpose of determining such members, shall be deemed to be members of the Mission.

3.2 Any person who in future becomes an active worker in the Mission and who shall have been accepted into the Mission and shall have had his name entered into the above-mentioned Register of Members by the Governing Body of the Mission shall become recognised as a member of the Mission.

3.3 The membership of any member of the Mission may be terminated by the Governing Body of the Mission at any time should the Governing Body be of the opinion that such member is no longer actively pursuing the true aims and objects of the Mission.

3.4 The membership of any member shall otherwise terminate upon his death or formal resignation.

4          GOVERNING BODY:

4.1 The Governing Body shall consist of at least three Trustees who shall manage the affairs of the Mission.

4.2 The incumbent Trustees shall each hold office for an indefinite period until his death or prior resignation or until he has been dismissed from office by resolution at a general meeting of Members of the Mission. Notice of intention to move for the dismissal of a Trustee be given at a normal Sunday service for two consecutive Sundays prior to the meeting.

4.3 Each Trustee shall be entitled to nominate his successor-in-title and such successor shall succeed such Trustee in office on the date of the termination of his duties.

4.4 In the event of a Trustee failing to have nominated a successor and in the event of a Trustee having been removed from office by resolution of a meeting of Members, the remaining Trustees shall be entitled to nominate such successor.

4.5 In the event of there being no such Trustees left in office new Trustees shall be appointed by resolution of a general meeting of members.

4.6 The Trustees shall appoint one of their number to act as Chairman who shall preside at their meetings or in his absence an acting Chairman shall be appointed,

4.7 Two Trustees shall form a quorum at all meetings of the Governing Body.

5          LEGAL STATUS

5.1. The Mission is a legal person and can as such act independently, acquire rights and assume duties and obligations, hold property and generally act with such freedom as allowed in Law.

5.2. In the event of the Mission acquiring rights which are registrable in the Deeds Office such rights shall vest in: The Trustees for the time being of Mission Kwasizabantu

5.3. In the event the Mission wishing to sue or being sued in any competent court or tribunal, such suit shall likewise be conducted in the name mentioned in the preceding sub-clause.

5.4. Any document requiring to be executed by the Trustees in the exercise of their powers under this constitution shall be deemed to be sufficiently executed if signed by one Trustee after due resolution by the Governing Body.

  • POWERS OF THE GOVERNING BODY:

6.1. General

The Governing Body may exercise any of the powers (consistent with its objects and principles) of which the officers of a true corporate body whose purpose is not the acquisition of gain are capable, such as:

6.1.1. Mortgage or pledge any or all of the property of the Mission;

6.1.2. Borrow money on overdraft or private loan from any bank or other money lending institution;

6.1.3. Enter into any agreements of lease or sale of immovable and movable property, Credit Agreements or any other similar agreements;

6.1.4. Lend, advance, invest, deposit or otherwise deal with all monies not immediately required by the Mission;

6.1.5. Safeguard the interest of the Mission by instituting or defending in its name any action at law;

6.1.6. Accept such funds as may be donated to the Mission and utilize the same for the purposes of carrying out the aims and objects of the Mission;

6.1.7. Remunerate house and maintain the members according to normal acceptable standards;

6.1.8. Acquire such property movable or immovable as the Mission may require;

6.1.9. Do al] such acts as may be incidental to or conducive to the attainment of the aims and objects of the Mission;

7          General Meeting

7.1.  The Governing Body shall call a general meeting of the members of the Mission to discuss the business of the Mission at any time it may consider convenient and also in the event of being requested to do so in writing by at least fifty members of the Mission. Notice of such meeting shall be given as provided for in Clause 4.2. above.

8          ACCOUNTS:

8.1 The Governing Body shall open such banking accounts as it may require in the name of the Mission into which al] monies received by the Mission shall be deposited and from which all payments shall be made.

8.2 Proper books of account shall be kept by or under the direction of the Governing Body and a Balance Sheet shall be drawn up at the end of each financial year, which Balance Sheet shall be audited by auditors appointed annually by the Governing Body.

9          AMMENDMENT TO CONSTITUTION

The Mission may amend its Constitution by a two thirds majority vote taken at a general meeting of members after due notice of the intention to amend the Constitution has been given as provided for in Clause 4.2. above.

10       WINDING UP

In the event of the Mission winding up its business and ceasing to operate the Governing Body shall liquidate the assets of the Mission and shall pay all debts and liabilities which may be due by the Mission. Any balance of funds which may be available after such payment shall not be paid over to the members of the Mission but shall be given or transferred to some similar institution or Church with similar aims and objects as the Governing Body may deem fit.

A decision was taken at a meeting of Trustees on 8 February 2012 to replace the deceased Trustees SJ Nsibande and T H Dube with the following Trustees:

Buyephi Eunice Ngcamu & Lidia Dube

The newly nominated Trustees hereby accept their appointment as Trustees.

Buyephi Eunice Ngcamu & Lidia Dube

On Friday 14 June 2019 the Mission issued a statement on the General Network Service of Mission Kwasizabantu:

“Please note that on 15 June 2019, 10am at Kwasizabantu Mission there will be a trustee meeting for Kwasizabantu Mission to discuss the dismissal of FH Stegen as a trustee and director of the trading entities of KSB. Thank you.”

On Sunday 16 June 2019 at the start of the Sunday Morning service in the Kwasizabantu Mission auditorium, the Mission issued the following statement read in English by dr Albu van Eeden and translated into Zulu by Sibongiseni Khumalo:

Rev. Erlo Stegen has asked us to announce that on Saturday the 23rd of June (sic), 2019 of this year at 15 hours, 3 o clock pm there will be members meeting of co-workers of Kwasizabantu Mission to discuss the intention to dismiss FH Stegen as trustee of Kwasizabantu Mission.”

On Sunday 16 June 2019 attorney Stanley Seiti offered the following on a posting on WhatsApp:

So, after receiving Koos’ posting about the intended removal of Mr FH Stegen from the board of trustees, I sent a message to one of the board members saying ‘their constitution prohibited the removal of the trustee as they were proposing

So, last night I got a call from one ‘Thofozi’ Dube demanding to know where had I got the KSB constitution from? I asked why would she ask and she replied that the constitution was a very private document and she only knew of one or two people at KSB who could have it. 


I replied that Public benefit Organisation’s Constitution were exactly that – public. and open especially to members and not kept in secret. I said every member aught to have a copy of it and she said “well it’s not secret it locked somewhere and anybody wanting to see it may request to see it.” 

I asked how were the members to know about their rights e.g. in an AGM if they did not have a guiding document? 

She insisted that I tell her who gave me the document and I said that was not important… what was important was I had saved them from committing a huge mistake; for which she should be thanking me.

She mocked the fact that I even referred her to the specific guiding paragraph in the constitution. I said yes I did and in addition Mr FH Stegen is entitled in terms of the law to a right of reply and so is Esther. 


I reminded her that the trust document says a trustee is one for life. 

She complained that I have created chaos as some people are now demanding the distribution of the constitution and a general vote to remove Mr FH Stegen. I said indeed it was their right to make such demands as members.

*rather, a general vote to remove or not remove Mr Stegen

My Comments

Perhaps it is good to just highlight certain aspects from the above.

3:1: The list of membership should be free, open and available for all to know and see. Contra to Thofozi who wants to keep the Constitution away from members and secret it should be available to every member. Whoever is a member should obviously know what membership of the Trust entails. Contrary to the constitution there is no updated membership list available. No AGM meeting is possible because people simply do not know whether they are members or not.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

3.2: The governing body must maintain an updated version of this membership list. This membership list is not limited to coworkers. It is a membership list representing “all persons actively engaged in the work of the Mission”. This Register of Members will be especially complied by the Governing Body (GB). To date this membership list is non-existent. There can thus be no meeting as there is no compiled list in existence. Should a meeting be held with only the coworkers as Albu van Eeden announced on Sunday 15 June, it would constitute an unlawful meeting because a large group of members will be deliberately excluded.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

3.3: Only the GB has the right to terminate membership. The GB does not even know who are members as there is no approved list in terms of the Trust’s Constitution. The GB has never approved members or disapproved members.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

4.1: The GB must have at least three trustees. Two members form a quorum. Their resolutions must be duly recorded and reported to the rest of the trustees. This was not done. It is clear from documents in my possession that Friedel Stegen and Arno Stegen had been excluded from the resolutions and actions of the rest of the trustees. This may be the single biggest reason why Friedel Stegen has to be removed by those “others” because he has queried some resolutions.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

4.2: Current trustees are trustees for life or until he/she resigns or can be removed at an AGM. Notice for such an intention, the proposed AGM must be announced at two consecutive Sunday services, prior to the AGM. This is happening now. The first AGM in 25 years I have been at the Mission. I never knew the Trust existed, was never told I am a member in terms of the Trust’s Constitution, my name was never entered to the Trust Membership Register and I never saw the audited financial statements and never attended an AGM.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

4.3: Current trustees nominates his/her successor-in-title if they terminate their duties as trustee. However in the case an AGM removes a trustee the remaining trustees may nominate a successor. Friedel Stegen may still resign by his own free will and nominate his successor. No reasons are given for his removal as trustee. That it has come to this point shows the lack of trust among the trustees. Friedel Stegen has been a trustee since inception of the Trust.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

6.1: The trustees are only free to act in legal or financial actions if it is not for personal gain. This is according to PBO governing regulations. If the rumors are true three trustees have embezzled more than a R100 million. If the rumors are true Thofozi and one Ndlela are the sole beneficiaries of that money. This was done for her own gain. The trustees have trespassed the Company’s Act, and committed serious economic and financial crimes. They have violated the Trusts Constitution. On top of it they are trying to silence the only rational voice currently amongst the five trustees.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

6.1.7: The members shall receive house and maintenance remuneration on fair and normally accepted standards. (This means standards as accepted by normal society and normal PBO guiding principles. This should be agreed upon by all members, open to all members and known by all members. No privileges unless agreed by all members) This has never been done.

The trustees failed miserably in upholding the terms of the Trust’s Constitution.

8.2: The governing body must do proper bookkeeping and the books must be audited every year. It is a free and voluntary organization under the general rule of PBO’s and the audited books must be available to all members at all times. The last audited financial statements of the Trust had been signed off in 2003. After 2003 all financial statements are provisional only. Millions of Rand’s worth of transactions have continued unaudited year after year since 2003 as the financial transactions of consecutive years assume and build upon the unaudited financials of the previous year. The Auditing firm responsible will have some explanation to do to IRCA.

 The trustees failed miserably in upholding the terms of the Trust’s Constitution.

Now some of the trustees of the KSB Trust want to hold an AGM to dispose of one trustee who is speaking about their covert nonsense!

It would be better that all trustees step down for their failure to protect the Trust and allow the AGM to elect 5 new trustworthy trustees to look after God’s people and God’s money in a biblical way.

All trustees should resign! Let the AGM ellect 5 God fearing and trustworhy men!

4 thoughts on “A Trust broken!

Add yours

  1. No more hiding behind lies, Thofozi Dube! At long last everything thrown wide open with no more place to hide.
    You went to great length explaining at the Ascension day meeting that “you can’t do anything in your own capacity” – since “it requires a signature and involves trustees”.Hmm, I see. hear hear.
    Well well – now the whole world can see that you yourself are a trustee with signing rights, and you made yourself criminally liable by not adhering to the trust constitution. Better brace yourself for your arrest – or hop in one of the planes and go to some exotic destination never to return….

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  2. In Germany they all would end in jail. And the club they were leading we would call Mafia. They did whatever they wanted to do – it never had anything to do with Jesus. Egal wer von ihnen rausgeworfen wird, er hat es verdient. Er hat genauso viel Dreck am Stecken wie alle anderen Trustees auch. Sie haben alle schwere Schuld auf sich geladen. Friedel Stegen jetzt zu attestieren, er sei der, der jetzt über ihren Unsinn spricht, vernebelt den Blick. FHStegen ist Täter, nicht Opfer. Er verliert einen Posten, auf dem er über Jahrzehnte Fürchterliches angerichtet hat.

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