DJ Euphonik has applied for the sequestration of poet and singer Ntsiki Mazwai after the sheriff discovered that her assets are worth a paltry R1 500 and insufficient to pay more than R280 000 for the three cost orders he obtained against her in court.
The total amount includes more than R74 000 for the first cost order, R104 316 for the second and more than R114 000 for the third cost order.
In the sequestration application, which Sunday World has seen, Euphonik, real name Themba Nkosi, said Mazwai has committed an act of insolvency in that she has failed to pay the cost orders and has given written notice to him in his capacity as one of her creditors about her failure 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.
Nkosi said on April 7, 2021, Judge Gregory Wright of the Johannesburg High Court granted him an interdict to stop Mazwai from posting defamatory allegations about him that he was a rapist.
He said Mazwai was ordered to pay him over R74 000 as the costs of the interdict application on an attorney and client scale.
He said afterwards the case was taken to a normal court and was set down on the opposed motion roll on January 19, 2022.
On or about March 10, 2022, Euphonik said Judge Denise Fisher granted a final order against the songstress and ordered her to pay him over R104 000.
Nkosi said on or about May 5, 2024, Risiva Khosa of Kekana Hlatshwayo Radebe Incorporated sent an email to his lawyers advising that he was briefed to represent Mazwai and delivered an application for condonation and leave to appeal the final interdict.
On or about January 30 last year, he said, the leave to appeal was dismissed by Fisher, with costs awarded on an attorney-client scale against Mazwai and Khosa.
Accordingly, he said on or about September 18, 2024, the taxing master taxed the bill of costs in the amount of over R114 000.
He said his lawyers sent a letter of demand to her to pay but did not receive any response.
Euphonik said before sending Mazwai letters of demand to pay him, he obtained several writs of attachment against her, but she paid him only 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.
“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.
Nkosi said the sheriff also obtained an affidavit from Mazwai, stating that she is in a Chapter 11 institution.
He also said that on March 15, 2023, Mazwai sent an email to his lawyers stating that she was financially in the red.
On May 5, 2023, he said, his lawyers received a letter from Khosa stating that Mazwai was appealing the final interdict.
Nkosi said that in an attempt to recover the money, the sheriff was directed to attach the incorporeal movable goods/bank accounts of Mazwai to recover the money but found nothing.
Nkosi said it is clear that Mazwai was unable to pay him. He said Mazwai is the director of Feela Sistah Spoken Word Collective cc, House of Mobu cc, Ntsiki Mazwai Foundation and Ntsiki Mazwai Media, and he wants to sequestrate her.
“The respondent does not possess immovable property or sufficient assets to satisfy the cost orders and/or her indebtedness to me.
“The respondent is clearly unable to pay her debts. It is just and equitable that the respondent’s estate be wound up,” he said.
