The future of actress and model Pearl Thusi’s haircare line, which was launched amid aplomb and fanfare in 2015, is hanging by a thin thread.
Sunday World can exclusively reveal that advertising company, Moving Tactics Digital Media, has filed an application in the Johannesburg High Court for the final liquidation of Afrobotanics, an entity that partnered with Thusi to create the range, known as Black Pearl.
In September last year, Digital Media placed Afrobotanics under provisional liquidation in the Johannesburg High Court due to its failure to pay it R575 000 for the advertising services it rendered.
Now Digital Media wants Afrobotanics to be liquidated, saying it is unable to meet its financial obligations.
In the court papers Sunday World has seen, Digital Media stated that it entered into an agreement with Afrobotanics, which was then represented by its director, Ntombenhle Khathwane, in 2020 to render certain advertising services for the company.
Among the services rendered, said Digital Media, was the display of Afrobotanics’ products on its advertising screens in Clicks stores across the country for a certain period.
“As per the agreement, the applicant displayed the respondent’s advertisements on the screens during the months of July, August, September, October and November 2022,” read the papers.
After the products were advertised, Digital Media sent an invoice to Afrobotanics for payment.
However, Thusi’s partners failed or refused to do so, according to Digital Media.
Digital Media went to court to apply for a liquidation order against Afrobotanics, arguing that the company was unable to meet its financial obligations.
“The respondent remains indebted to the applicant in the amount of R575,000.00 (five hundred and seventy-five rand) (as of November 30, 2022), together with interest accrued on the overdue amount at the applicable legal rate.
“On March 2, 2023, a letter of demand was sent to the respondent indicating that if payment is not made, an application for liquidation would follow,” reads the application.
Judge Seena Yacoob granted Digital Media an order to place Afrobotanics under provisional liquidation. On September 19 last year, she ordered Afrobotanics to appear in court to provide a reason for not making the liquidation final.
The order, which we have seen, reads in parts: “It is ordered that the respondent be placed under provisional liquidation in the hands of the Master of the above honour court as envisaged by Chapter 14 of the Companies Act.
“That a rule nisi issued, calling upon the respondents and all persons interested to appear and show cause, if any, to the above honourable court on September 19, 2023, why the respondent should not be placed under final liquidation…”
However, the court did not place the matter on the roll on September 19, which prompted the lawyers of Digital Media to write a letter to the court expressing their disappointment in the delay and claiming that it would prejudice their client by incurring more legal costs.
After an exchange of email correspondences, Afrobotanics eventually filed a notice of intention to oppose the matter on February 12 of this year.
The date for the hearing of the matter has not been allocated yet.
