Gospel artist Mthethwa wins lawsuit against MiWay Insurance

Radio presenter and renowned gospel artist, Khaya Mthethwa, has won a civil claim against MiWay Insurance company.

The lawsuit came after Mthethwa had a car accident on December 26 2016, and the insurer refused to pay.


Mthethwa took the matter to the Gauteng High Court, and the case was ruled in Mthethwa’s favour. The court instructed MiWay Insurance to pay damages plus legal costs.

Condemned insurer on social media

On Tuesday, Mthethwa took to his Instagram page and bashed MiWay Insurance for ignoring his emails and subsequently failing to pay his claim as per the high court order.

In his scathing post he wrote: “@miwayinsurance I’d like to know why our emails since Nov 2024 have been ignored by your legal department? My claim was declined in 2016 and I finally got my day in court with you guys last year in Feb and we won the case!! Now it’s a mission to get you guys to settle this claim and I’m sick and tired of chasing. I really hope I’m the only person getting this kind of treatment.”

He also attached a judgement from the  Gauteng High Court.

The judgement contains the details of the case and it further confirms that Khaya won the case against MiWay Insurance.

High Court ruling in favour of artist

Part of the judgment reads: “The plaintiff instituted an action against MiWay Insurance Limited after the insurer repudiated his claim for indemnification under the policy insurance pursuant to a motor vehicle accident that occurred at around 05h30 on the morning of 26 December 2016, wherein the insured vehicle was damaged.

“From proven facts and the evidence before me, there is no evidence that suggests that Mthethwa supplied the insurer with dishonest information relating to the speed he was driving, and how the accident occurred.

“The insurer cannot succeed with its grounds for repudiation as pleaded. Consequently, plaintiff [Mthethwa] is entitled to judgment in his favour. 

Plaintiff entitled to costs and damages

“The plaintiff [Mthethwa] argued that he is entitled to costs on the following that he had consulted with his legal representative and arranged for travel, and accommodation for the police officer who was present at the scene after the collision because the defendant had intended to pursue its defence that the insured driver was driving under the influence of drugs and/or alcohol up until the morning of the trial.

“The insurer is liable for the plaintiff’ proven or agreed damages, including the retail value of the vehicle, less the excess plus the interest on the aforesaid, from 26 December 2016.

“The credit shortfall, storage and towing charges as per the policy, plus interest on the aforesaid and finance charges on the loan to the date of the payment. And the additional interest he incurred as a result of the defendant’s repudiation.” 

The post only opened the floodgate of complaints from MiWay customers and potential customers.

By Wednesday, February 5 2025, MiWay Insurance had settled with Mthethwa.

Mthethwa took to his Instagram page and updated his friends and supporters.

Insurer quickly responded following social media rant

“MiWay has settled the claim, I’ve been battling to get a response from them. We signed the settlement yesterday, they are processing the claim as we speak. I’m sure by the end of the week it’s going to be done. And I just want to thank you for helping me spread the word. Thank you for your support and for sharing your own personal frustrations about insurance companies. This is the power of social media.”

Sunday World tried to get hold of Mthethwa but his phone was off. 

Thanyani Muthaki from MiWay Insurance confirmed that they have settled the matter.

“We have settled in full. The delay was around reaching consensus between the legal teams on the settlement amount,” said Muthaki.

He also could not divulge the settlement amount.

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11 COMMENTS

  1. That really makes me happy
    Seeing someone win against miway…
    I will never wish anyone to insure with miway.
    They joy that I will have seeing miway falling

  2. Their name tells everything
    Myway
    So nevermind anyone else’s name or problems
    A good name is like sweet smelling oil
    Far better than riches
    Frank Sinatra is proof that myway does not always go the right way

    • Early last year l was disappointed by miway insurance company,I insured my aunt for years but when she passed away I tried to claim that’s when they told me that she doesn’t qualify because she is my Uncle’s wife,since they promised to repay my monthly premiums from March last year even now nothing was done,I encourage everyone to think twice before joining this crooks

  3. Please help with your Attorney! He /She did very well 👏.
    I have a problem with King Price insurance, they don’t want to pay me after writing off my car .

    They say they can’t afford it , now they use a loophole saying I m not a current driver on a car it’s my Wife’s car .!

    Which means I m not supposed to drive my cars in a yard that I bought them as present.

    Thanks: Melvin Phalatse

  4. My sister was involved in an accident. The car was written off. Miway requested for a settlement from Wesbank – the bank complied but Miway did not settle the car. Instead my sister had to pay the bank. Miway ignored my sister’s WhatsApp messages until she threatened them that she has no choice but to approach the ombudsman for assistance then they started responding. I do no longer trust Miway.

  5. I’m also so greatful and celebrating on behalf of Khanya for his win. He proved that Myway is not above the law. My son’s claim was also requdiated and they went and tempered with the speedometer . Thank you Khany , you win the battle for all of us.

  6. This Miway insurance appears to operate from the premise that the insured is guilty until proven innocent. I’m sitting pretty in their bad books as they accused me of dishonesty during underwriting even though they couldn’t provide me with the evidence.
    Let’s use our power as consumers to call out these corporate crooks masquerading as insurance companies. Siyabonga Mthethwa uba your agony has since ended.

    • After reading all these comments I’m not even willing to listen to their consultants. They have been calling me to try and convince me to sign up with them. So which company is better?

  7. Happy for you Khaya. Three years ago I had a geyser and burst pipe problem and reported the matter to my way. They delayed the process of fixing the problem until finally I solicited the help of a private company who helped me within 24 hours. I will never recommend any person to join My way.

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