Johannesburg – A Joburg company is seeking a court order to force SABC board member Mamodupi Mohlala’s law firm to pay it over half a million rand and return the office equipment it hired after defaulting on rental payment.
Astfin Gauteng, which is trading as Assetfin, has filed papers in the Joburg High Court to force Mamodupi Mohlala Incorporated, trading as Mohlala Attorneys, and the firm’s employee Nomaswazi Phyllis Mohlala, to pay it over R600 000 for breach of contract after allegedly violating their rental agreement titled Master Rental Agreement. This after the firm failed to pay rent and as a consequence was over R70 000 in arrears.
According to the court papers in our possession, Assetfin, represented by Ada Badenhorst, and Mohlala Attorneys, represented by Nomaswazi, entered into a rental agreement on or about November 29 2018. In terms of the agreement, Assetfin rented out a Panasonic NS 500 PABX, TP-Link 8 Port Gibait desktop switch, Eaton SE 850i USB, DSP-S disa card, 28 IP proprietary telephones, a 24 Button IP proprietary telephone, voice logger and Wi-Fi router to Mohlala Attorneys.
The law firm, according to the papers, hired the equipment for the initial period of six months that commenced on November 29 2019, but the contract was expected to continue indefinitely after the expiry date if none of the parties terminates it.
The ownership of the equipment would not be transferred to Mohlala Attorneys after the initial period of hire or after termination of the agreement. The law firm agreed to pay an undisclosed rental amount by debit or at the office of Assetfin, at the latter’s discretion, but defaulted on payment, according to the papers.
“The first defendant has failed and or refused and or neglected to pay to the plaintiff the monthly amounts as undertaken, and as of 28 September 2020 the first defendant is in arrears in an amount of R71 014.50 in respect of Master Rental Agreement,” read the papers. Assetfin said due to the violation of the agreement Mohlala Attorneys should pay it over R600 000, which is the value of the contract.
“The first defendant is indebted to the plaintiff in the amount of R630 424.67 as appears from the certificate of balance signed by a manager of the plaintiff. In the premises, the plaintiff is entitled to payment in the amount of R630 424,67, which is presently due and owing and payable,” read the papers.
The company said that it was also suing Nomaswazi because the firm’s employee had signed a guarantee on September 3 2018, making Nomaswazi “jointly and severally as co-principal debtor in solidum with the law firm.”
Mohlala Attorneys said it was well within its rights to cancel the contracts. “Mohlala Attorneys cancelled the contract for the following reason: The plaintiff increased instalments by [200%] outside contract terms.”
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