Johannesburg – DJ Euphonik, real name Themba Nkosi, has taken legal action to sequestrate the estate of poet and singer Ntsiki Mazwai, after attempts to recover outstanding legal costs proved fruitless. The move comes after the sheriff of the court discovered that Mazwai's assets are worth a mere R1500, a sum woefully insufficient to cover the more than R280,000 she owes Euphonik for three cost orders obtained against her in court.
The total amount owed includes over R74,000 for the initial cost order, R104,316 for the second, and more than R114,000 for the third. The legal battle stems from a defamation case initiated by Euphonik against Mazwai.
In the sequestration application, which Sunday World has seen, Euphonik asserts that Mazwai has committed an act of insolvency by failing to pay the cost orders and providing written notice of her inability to do so. “It is in the best interests of the respondent’s creditors, and will be to their advantage, that the respondent’s estate is sequestrated,” he stated in the application.
The legal saga began on April 7, 2021, when Judge Gregory Wright of the Johannesburg High Court granted Euphonik an interdict to prevent Mazwai from posting defamatory allegations accusing him of rape. Mazwai was subsequently ordered to pay over R74,000 to cover the costs of the interdict application on an attorney and client scale.
The case then proceeded to a normal court hearing and was scheduled on the opposed motion roll for January 19, 2022. On or about March 10, 2022, Judge Denise Fisher issued a final order against Mazwai, compelling her to pay Euphonik over R104,000.
Undeterred, Mazwai, through her legal representative Risiva Khosa of Kekana Hlatshwayo Radebe Incorporated, launched an application for condonation and leave to appeal the final interdict on or about May 5, 2024. However, on or about January 30 last year, Judge Fisher dismissed the leave to appeal, awarding costs on an attorney-client scale against both Mazwai and Khosa.
Following this dismissal, on or about September 18, 2024, the taxing master assessed the bill of costs at over R114,000. Euphonik's lawyers then sent a letter of demand to Mazwai, but received no response.
Before resorting to legal demands, Euphonik had already pursued other avenues to recover the money. He obtained several writs of attachment against Mazwai, but she only managed to pay R6,000.
"On or about 7 March 2023, the third writ was served on the respondent personally by the sheriff of Johannesburg North at her residence," Euphonik stated in the application. "Having been instructed to again attend at the respondent’s residential address, the sheriff of Johannesburg North attended the same on 11 March 2023. Pursuant to service of the third writ, the sheriff of Johannesburg North issued a return indicating that the respondent owned movable property in the amount of approximately R1 500," he said.
Euphonik further stated that the sheriff obtained an affidavit from Mazwai, confirming that she was under Chapter 11 institution, a form of debt relief. He also noted that on March 15, 2023, Mazwai sent an email to his lawyers stating that she was financially in the red. On May 5, 2023, his lawyers received a letter from Khosa indicating Mazwai's intention to appeal the final interdict.
In a further attempt to recover the outstanding funds, the sheriff was instructed to attach Mazwai's incorporeal movable goods, including bank accounts, but found no assets of value.
Euphonik maintains that it is evident Mazwai is unable to fulfil her financial obligations. He points out that Mazwai is a director of several entities, including Feela Sistah Spoken Word Collective cc, House of Mobu cc, Ntsiki Mazwai Foundation, and Ntsiki Mazwai Media, and believes that sequestrating her estate is the only viable option.
“The respondent does not possess immovable property or sufficient assets to satisfy the cost orders and/or her indebtedness to me," Euphonik stated. "The respondent is clearly unable to pay her debts. It is just and equitable that the respondent’s estate be wound up,” he concluded.
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