The legal showdown between media heavyweights and former lovers Penny Lebyane and DJ Fresh is set to take place in the Johannesburg High Court on Wednesday.
This forms part of a court application by Lebyane to join in as a second respondent in an interdict hearing brought forward by DJ Fresh, whose real name is Thato Sikwane, against poet Ntsiki Mazwai last year.
Fresh filed a suit against Mazwai following the poet’s social media posts that the DJ was an alleged rapist.
Mazwai’s posts followed allegations made by Lebyane that she had been abused by a former lover, who Mazwai concluded had been DJ Fresh.
This after DJ Fresh, who was romantically linked to the broadcast veteran 20 years ago, mentioned her in his founding affidavit.
Lebyane said that she was entering the court matter to clear her name and demand clarity regarding how her name became a prominent part of a court case that she was not a part of.
"In that matter, I am mentioned in the court documents. What happened is that we tried to get him [DJ Fresh] to explain himself and produce evidence of the things that he accuses me of … Eventually, we asked to do a joiner in the case,"she said.
DJ Fresh declined to comment on Lebyane's entering the court case, only saying "everything will unfold in court".
"There is a gag order in place in respect of the main application, which precludes the contents thereof from being disclosed. My attorneys have responded to Ms Lebanye's application to join the proceedings, which application will be dealt with simultaneously with the main application on Wednesday.
"We remain of the view that there is no basis for the joinder application and have set this out in the papers. The issues will all be ventilated at court," said DJ Fresh.
In the affidavit deposed by DJ Fresh, the 94.7 presenter said Lebyane was the original poster of a tweet that insinuated that he was involved in alleged sexual misconduct. Mazwai reposted the tweet that landed her and DJ Fresh in court.
"Insofar as Penny Lebyane, the author of the original post concerned, I dated her briefly in 2001, [that is] 19 years ago. I broke up with her because our relationship was toxic and a restraining order was obtained against her after she attempted to force friends of mine off the road. I have not had dealings with her since," the affidavit reads.
Lebyane claims she was never served with a restraining order by the star, and says she seeks clarity on the existence of the document and what it entails.
"In his founding affidavit, he cites that I originated the post that Ntsiki retweeted, which is not true. The second thing he says [is about] a restraining order against me from whatever years ago, which to my knowledge is not true," she said.
"We are questioning how you mention me in a court document without giving me a right to answer for myself. I also want to understand how whatever decision the judge makes against Ntsiki affects me," she added.
Lebyane says her being mentioned in the court documents has tainted her image and cost her potential job offers.
"I just want to understand what his intentions are with my being mentioned in this document. Can he furnish me with proof of the things that he is saying about me? One of the things is that I do a lot of advocacy work around mental health … He says I am toxic and I find that statement very problematic.
"I am not just some girl. Even if I wasn't a citizen of this country, if you mention me in a legal document, I have a right to understand why my name is mentioned in that legal document.
Secondly, Penny Lebyane is my legal trading name; it's a name that I use for work, so the implications are financial for me. So I need a clear understanding of what that means. I have been excluded from work projects because of my name being associated with that document and I do not have an explanation for it," she fumed.
The media personality says she is seeking access to DJ Fresh's court documents and will deal with the consequences of her name being dragged into the papers later.
Meanwhile, DJ Fresh is facing a mountain of legal battles as he has a pending case that was brought forward by a Pretoria-based woman who accused him and Themba 'Euphonik' Nkosi of sexually assaulting her 10 years ago.
The pair stepped down from their duties on 94.7 after the case was opened three weeks ago.