Hawks probe alleged fraud in Fish River resort revival project

The Hawks are investigating fraud allegations linked to a proposed R4bn redevelopment of the abandoned Fish River Resort near Port Alfred, months after investors publicly promised to transform the site into a luxury tourism destination that would create jobs for local residents.

The investigation follows mounting contractual disputes, allegations over missing payments and questions surrounding proof-of-funds documents linked to the proposed $250m (R4bn) investment project.

In November, investment company EzamaTshawe and its purported US-based partner, Joktel, hosted a sod-turning ceremony at the former Fish River Sun resort, where ambitious plans were unveiled to refurbish the abandoned property.

The developers said they intended expanding the 126-room hotel to 250 rooms, revamping the Gary Player-designed golf course and building a water park at the site.

The project also promised jobs for local residents, including former resort employees.

The facility was to trade as Joktel Fish River.

The resort property is owned by the Prudhoe AmaGqunukhwebe Trust following a successful R240m land claim settlement finalised in 2024.

But within weeks, the development became embroiled in legal disputes and competing claims over control of the site.

In December, developer Xoliswa Daku of the Daku Group secured an interdict in the Makhanda high court preventing EzamaTshawe and Joktel from carrying out renovations or construction work at the resort.

Both groups had signed competing contracts with the trust giving them rights to develop the resort.

Despite the court order, activity allegedly continued at the property, including construction work on the parking area and entrance, the installation of security and attempts to attract tourist bookings.

At the centre of the latest dispute is Port Alfred-based construction company Top Rock Aggregate Group, which claims it signed a R90m contract with Joktel-linked entities in January for landscaping and civil works at the resort.

Company director Marileze Rudman alleged her company was instructed to pay R2m upfront to Vuyokazi Batana for distribution to members of the local community in what was described as a “token of goodwill”.

“We paid the R2m and they said the community is happy, only to later find out that the community didn’t get a cent,” Rudman alleged.

She claimed the payment was one of several issues that raised concerns about the legitimacy of the project.

A committee member linked to the community trust also alleged residents never received any payment.

“We never received any money,” the committee member said, adding that the community would assist the Hawks investigation.

In February the Dispatch reported that another contractor, LIC Electrical Projects, had also accused the developers of non-payment of R2.1m. The company was contracted to do demolition work and install electrical infrastructure.

Rudman said Top Rock later requested proof of funds from Joktel after concerns emerged over shifting timelines and changing conditions linked to the development.

After waiting nearly three decades to reclaim their ancestral land, the Prudhoe community’s hard-won victory has been thrown into chaos. Mismanagement, internal divisions and disputed lease agreements have left their R243m land claim — including the iconic former Fish River Sun resort — paralysed, with major development plans now under investigation and the trust overseeing the land dissolved by court order. What should have been a new chapter of prosperity for the small Eastern Cape community has instead descended into a legal and administrative nightmare over conflicting contracts signed with rival developers, unfulfilled promises of jobs and the community’s growing frustration over the missed opportunities. “We made mistakes ... this thing of signing contracts on top of another contract,” community leader Zolani Breakfast admitted. “People were promised jobs ... it was out of desperation because people want to work.” The master of the high court has now intervened, appointing independent administrators to investigate how the trust’s affairs were handled — and whether any of the agreements made were lawful at all. It was previously reported that multinational hotel group The Lux Collective, together with investors from Dubai, had visited the resort with the hope of making it the flagship of their SA portfolio. SMN7TZFP7FKSZIGM7QSC5CDNPY The consortium, spearheaded locally by property mogul Xoliswa Daku of the Daku Group, had set aside R600m for the first phase of the rebuild. The trust’s former chair, Gladman Tom, who lodged the land claim on behalf of the community in 1998, then said that agreement had not been reached with Daku’s investors. However, it has emerged that the trust had signed a lease agreement with Daku on November 1 2024, which was terminated on December 11 over a “breach of contract”. The termination letter claimed that Daku had failed to fulfil her obligations, including immediate construction at the Fish River Resort, employing 40 community members and employing private security at the facility. The trust then offered a contract to Gqeberha-based Vuyokazi Batana’s EzamaTshawe.This was despite Daku challenging what she deemed the unlawful termination of her lease. Court papers show that Batana entered a lease agreement for Maitland Farm on December 9 and Fish River on December 11, the same day Daku received her termination notice. JE6H6XZRV5LUNGVWYF2RXJLXLM Batana said she had roped in American-based investment group Joktel and asserted that she was the rightful lessee. Batana, 40, popularly known as “MamTshawe”, said the site would open to tourists this December. “We were quite disturbed when we saw there was a company making arrangements with the trust when we have a contract. “We had already inserted security at the site as per our agreement and employed a lot of people,” she said. The lease with EzamaTshawe shows they had agreed on a 60-year agreement with the trust, with the company having a right to renew. The EzamaTshawe and Joktel partnership would see the Fish River Resort and Maitlands farm form part of their R1.7bn ($100m) investment projects in SA from tourism to renewable energy. The company was to rename the resort Joktel Fish River and Maitland Game Reserve. “We agreed on the new branding, having a fresh start, taking over all the land and making it a big project rather than focusing on the resort and the golf course. We are going big,” Batana said. H6T6OWB5JRIMBPNCIEDOVPWHEQ Issues of mismanagement, plus the resignation of two trustees, led the master of the high court in Bhisho to appoint Johannesburg lawyers Vimba & Associates to manage the trust’s assets and investigate its affairs. The investigation includes conducting forensic audits of financial records, setting aside unlawful contracts and proposing a new trustee nomination list for the master’s approval. The appointment was effective as of May. However, EzamaTshawe then filed an interdict in the Bhisho high court to challenge Vimba’s appointment, accusing the company of having conflicting interests and being unfit to handle the trust’s assets. The company, in its affidavit, told the court that the ruling put its partnership with Joktel at risk. Vimba could not be reached for comment by the time of publication. On Tuesday evening, Prudhoe community members met to discuss the latest developments, including the election of new trustees. Prudhoe community leader Zolani Breakfast admitted they had made mistakes. “Waiting for a year for Daku’s investors ... people grew impatient. That is the truth of the matter. We were on-board with Daku to be the one operating [the resort].” W4VB2DLR3BPWPIHCQDRA6YCUBA Another trustee from the faction, who asked to not be named, shared the same sentiments. “It gives me a headache just thinking of this. It’s a mess. “There were verbal agreements with Daku which were not contained in her contract. It was then signed, while giving her time to collect money for the project. “MamTshawe, on the other hand, had things in place, so people just wanted to work so they went with it. “She [Batana] brought security guards and rebuilt the gate. People were employed at Maitland for painting so you could see there was movement. “The trust ended up not seeing eye to eye with people from opposing groups fighting for their preferred candidates.” Daku said Batana had no legal ground to stand on. “There was no proper process in their contract. Illegal administrative processes are also a problem with the trust. “There was false hope created for these people,” she said. Daily Dispatch

According to correspondence and documents seen by the Dispatch, Top Rock was allegedly provided with paperwork purporting to reflect more than $254m (R4.1bn) held in an offshore Malaysian account linked to Joktel Holdings International LTD.

However, Rudman claimed subsequent checks raised concerns about the authenticity of the documentation.

“They don’t know we’ve got businesses in Malaysia as well, and we noticed something fishy. The goalposts were constantly changing,” she said.

Correspondence purportedly from the same Malaysian bank, dated February 19 and seen by the Dispatch, warned Top Rock against making further payments linked to the project.

Construction nevertheless started at the site on March 2, with Rudman saying her company employed 71 people from the Prudhoe community.

A month later, she alleged, Top Rock had still not been paid for the initial work completed at the resort.

“We had people we had to pay and Joktel kept making promises,” Rudman said.

She said concerns deepened when the company began examining the identities of people involved in the project.

Rudman alleged that the man introduced publicly as Kevin Gibson was in fact Kesiena Idahosa.

Companies and Intellectual Property Commission records seen by the Dispatch list Kesiena Idahosa as a director of Joktel Fish River, with an address in KwaMagxaki in Gqeberha.

Rudman also questioned the validity of contracts issued by Batana, alleging Batana had already removed herself as a company director before signing the agreement with Top Rock.

Provincial Hawks spokesperson Warrant Officer Ndiphiwe Mhlakuvana confirmed on Monday that a fraud case linked to the project was under investigation.

“The matter is at a sensitive stage, therefore the nitty gritty around the case will not be divulged,” Mhlakuvana said.

Batana declined to comment.

Attempts to obtain comment from Idahosa were unsuccessful.

After waiting nearly three decades to reclaim their ancestral land, the Prudhoe community’s hard-won victory has been thrown into chaos. Mismanagement, internal divisions and disputed lease agreements have left their R243m land claim — including the iconic former Fish River Sun resort — paralysed, with major development plans now under investigation and the trust overseeing the land dissolved by court order. What should have been a new chapter of prosperity for the small Eastern Cape community has instead descended into a legal and administrative nightmare over conflicting contracts signed with rival developers, unfulfilled promises of jobs and the community’s growing frustration over the missed opportunities. “We made mistakes ... this thing of signing contracts on top of another contract,” community leader Zolani Breakfast admitted. “People were promised jobs ... it was out of desperation because people want to work.” The master of the high court has now intervened, appointing independent administrators to investigate how the trust’s affairs were handled — and whether any of the agreements made were lawful at all. It was previously reported that multinational hotel group The Lux Collective, together with investors from Dubai, had visited the resort with the hope of making it the flagship of their SA portfolio. SMN7TZFP7FKSZIGM7QSC5CDNPY The consortium, spearheaded locally by property mogul Xoliswa Daku of the Daku Group, had set aside R600m for the first phase of the rebuild. The trust’s former chair, Gladman Tom, who lodged the land claim on behalf of the community in 1998, then said that agreement had not been reached with Daku’s investors. However, it has emerged that the trust had signed a lease agreement with Daku on November 1 2024, which was terminated on December 11 over a “breach of contract”. The termination letter claimed that Daku had failed to fulfil her obligations, including immediate construction at the Fish River Resort, employing 40 community members and employing private security at the facility. The trust then offered a contract to Gqeberha-based Vuyokazi Batana’s EzamaTshawe.This was despite Daku challenging what she deemed the unlawful termination of her lease. Court papers show that Batana entered a lease agreement for Maitland Farm on December 9 and Fish River on December 11, the same day Daku received her termination notice. JE6H6XZRV5LUNGVWYF2RXJLXLM Batana said she had roped in American-based investment group Joktel and asserted that she was the rightful lessee. Batana, 40, popularly known as “MamTshawe”, said the site would open to tourists this December. “We were quite disturbed when we saw there was a company making arrangements with the trust when we have a contract. “We had already inserted security at the site as per our agreement and employed a lot of people,” she said. The lease with EzamaTshawe shows they had agreed on a 60-year agreement with the trust, with the company having a right to renew. The EzamaTshawe and Joktel partnership would see the Fish River Resort and Maitlands farm form part of their R1.7bn ($100m) investment projects in SA from tourism to renewable energy. The company was to rename the resort Joktel Fish River and Maitland Game Reserve. “We agreed on the new branding, having a fresh start, taking over all the land and making it a big project rather than focusing on the resort and the golf course. We are going big,” Batana said. H6T6OWB5JRIMBPNCIEDOVPWHEQ Issues of mismanagement, plus the resignation of two trustees, led the master of the high court in Bhisho to appoint Johannesburg lawyers Vimba & Associates to manage the trust’s assets and investigate its affairs. The investigation includes conducting forensic audits of financial records, setting aside unlawful contracts and proposing a new trustee nomination list for the master’s approval. The appointment was effective as of May. However, EzamaTshawe then filed an interdict in the Bhisho high court to challenge Vimba’s appointment, accusing the company of having conflicting interests and being unfit to handle the trust’s assets. The company, in its affidavit, told the court that the ruling put its partnership with Joktel at risk. Vimba could not be reached for comment by the time of publication. On Tuesday evening, Prudhoe community members met to discuss the latest developments, including the election of new trustees. Prudhoe community leader Zolani Breakfast admitted they had made mistakes. “Waiting for a year for Daku’s investors ... people grew impatient. That is the truth of the matter. We were on-board with Daku to be the one operating [the resort].” W4VB2DLR3BPWPIHCQDRA6YCUBA Another trustee from the faction, who asked to not be named, shared the same sentiments. “It gives me a headache just thinking of this. It’s a mess. “There were verbal agreements with Daku which were not contained in her contract. It was then signed, while giving her time to collect money for the project. “MamTshawe, on the other hand, had things in place, so people just wanted to work so they went with it. “She [Batana] brought security guards and rebuilt the gate. People were employed at Maitland for painting so you could see there was movement. “The trust ended up not seeing eye to eye with people from opposing groups fighting for their preferred candidates.” Daku said Batana had no legal ground to stand on. “There was no proper process in their contract. Illegal administrative processes are also a problem with the trust. “There was false hope created for these people,” she said. Daily Dispatch

Prudhoe community trust chair Wilmot Magopeni said the trust was reviewing its legal options, but stressed the trust was not involved in the Hawks investigation itself.

“We’re reviewing and weighing our legal options,” Magopeni said.

Daku said her company had been unable to take control of the property despite obtaining the court interdict against EzamaTshawe and Joktel, blaming divisions within the trust for delays.

“Our biggest challenge has been the trust,” she said.

“We couldn’t occupy the site after our court victory without the trust’s approval.”

She said her company remained prepared to pursue further legal action if necessary.

Fish River Sun closed in November 2017 after years of financial struggles following the loss of its casino licence, which was reallocated to Gqeberha’s Boardwalk Casino in 2012.

Since then, the once-popular resort has become the focus of a lengthy land claim process, competing development proposals and internal disputes within the community trust.

Nearly a decade after the resort closed, the sprawling property remains abandoned and vandalised, while legal battles and competing claims continue to stall efforts to revive one of the Eastern Cape’s once premier tourism destinations.

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