Legendary actor Sello Maake KaNcube has parted ways with thousands of rands to save his vehicle from being auctioned off over the arrears of his son’s school fees even though he did not sign a contract for his admission at the institution.
His former lover, Mmatshilo Motsei, had put pen to paper on the admission papers as the legal guardian, while her sister signed as a guarantor. Worse, Maake KaNcube did not receive summons to oppose the school’s attempt to obtain an execution order to attach and sell his car.
His peccadillo was that, out of panic, Maake KaNcube signed an acknowledgement of debt when the sheriff came to impound his vehicle.
News that Maake KaNcube got a raw deal is contained in the urgent application he filed in the Johannesburg High Court in an attempt to bar the Lenasia she-riff and his son’s school from selling his vehicle on Wednesday last week.
In the application, which cites the Lenasia sheriff as the first respondent, the college as the second respondent and Motsei as the third respondent, the former Generations actor has cried foul about the attachment.
The revered thespian stated that the college obtained a default judgement against him and Motsei on November 22 last year at a court in Eastern Cape. “I became aware of the judgment in February 2024, when the sheriff came to my house to attach my assets.”
He stated that he immediately filed for the judgment’s rescission, which led to the suspension of the attachment.
“Pursuant to the warrant of attachment, my motor vehicle, the Audi A4, was attached and removed by the sheriff on April 22, 2024,” reads the application.
He said the car was supposed to go under the hammer on June 5. Maake KaNcube said he was shocked and embarrassed and ended up signing an acknowledgement of debt.
He said afterwards he made a payment of R20 000 to the college and sought legal advice after obtaining all documents pertaining to this matter. The college is owed more than R250000 in the son’s fees.
He said he was advised that the college’s claim lacked cause of action in that there was no legally binding agreement between him and the school for payment of school fees.
“In any event, it was clearly stated that my intervention was to assist the second respondent with the financial burden for the sake of my child, but not to interfere with her financial commitment with the school. In principle, I am not liable nor indebted to the first respondent.”
The iconic actor also said the summons were not served on him before the judgment could be obtained. “I was never served with the summons personally. The first time anyone came to my house was the sheriff with his request for attachment of my assets. The last time was when he came to my house in my absence and damaged my property in terms of breaking my house gate and compromising my family’s security for the night.
“He took the car even after we had informed him that we were in negotiations with the first respondent,” he stated.
Maake KaNcube said the judgement did not indicate whether the agreement between him and the college was verbal or in writing.
“Firstly, on page 6 of the application form dated October 14, 2014, only the second respondent has signed, and on the father’s side, there is no signature. This is evidence that I did not enter into any agreement with the first respondent on October 14 2014. Secondly, on the following page, (also number 6), Lenya-lo Motsei, who is the aunt of my son, signed the admission document. It is clear that she finds herself as surety or principal debtor. But definitely, I was never part of such an agreement.
“Therefore, I cannot, by law, be held liable for debts in terms of an agreement, which I did not sign,” he stated in the papers.
Maake KaNcube said the execution of the judgment was not only going to negatively affect him but also his wife Pearl Mbewe, whom he is married to in community of property.
“As the attached vehicle, she jointly owns 50% of share thereof and further attachment will result in a similar fare that will affect her in terms of her share on the joint estate.”
The former Skeem Saam actor said he ended up paying more than R30 000 into the school account to save his vehicle, which is worth over R120 000, from -being auctioned because time was not on his end.
“But I’m still waiting for the date of the rescission of judgment to be allocated; this is unfair to me because I had told her many years ago that I could not afford the fees at that school, but she proceeded to enrol the child without involving me,” he said.
