Africa’s biggest banking group has applied for a court order to force former SA Revenue Service (Sars) commissioner Tom Moyane to return a R1.3-million luxury vehicle he bought with a bank loan about six years ago.
Standard Bank has filed papers in the Joburg High Court in which it seeks a judgment and an order to force Moyane to surrender the vehicle.
This after several tracers hired by the bank repeatedly failed to locate him at his Roodepoort home since February.
Moyane is facing the prospect of going to jail after he was implicated in the state capture report by the Zondo commission.
In its report, the commission, led by chief justice Raymond Zondo, found Moyane provided parliament with false information when he incorrectly maintained he had played no role in approving the appointment of a company called New Integrated Credit Solutions, which was owned by his friend, Patrick Monyeki, to provide debt collection services for Sars.
Zondo recommended that Moyane be charged with perjury in relation to the false evidence he provided to parliament.
Moyane’s legal woes have now piled up after the bank took him to court for being in unlawful possession of the road monster.
In the court papers, which we have seen, the lawyers said the bank loaned Moyane over R1.3-million to buy a Land Rover Discovery 3.OL TD6 after concluding a written sale agreement with him. It said this was based on, inter alia, the representations made to it by Moyane that he would afford the repayment. The total cost of the agreement, stated the papers, including the costs, interests and charges would be over R1.6-million. Moyane was expected to pay just under R28 000 in monthly instalments for over 59 instalments from October 1 in 2017 and the final instalment on September 1, 2022.
The bank said Moyane breached the agreement when he defaulted on his payments.
“As at January 23 2023, the arrears amount owing by the defendant to the plaintiff under the agreement was R169 433.43. The defendant was indebted to the plaintiff under the agreement in the amount of R170 795.63, together with interest thereon at the rate of 9.5% per annum from 17 January 2023 to date of payment, both dates inclusive,” read the papers.
The bank said its lawyers addressed several letters to Moyane in February, informing him that he had failed to keep his account up to date and implored him to settle the arrears.
It said if Moyane failed to remedy the breach, the bank would cancel the agreement and claim the full amount outstanding. “Notwithstanding the default notice, the defendant has failed and/or refused and/or neglected to remedy the breach of the agreement. The plaintiff is entitled to cancel the agreement, which it hereby elects to do and to claim the total of all amounts owed by the defendant to the plaintiff in terms of the agreement,” read the papers.
“As the plaintiff has lawfully cancelled the agreement, the defendant is now in unlawful possession of the goods, and in terms of the agreement the plaintiff is entitled to return of the goods… The bank is praying for the court to grant judgement against Moyane and order him to return the vehicle.
“Retention of all monies paid to the plaintiff by the defendant. Leave is granted to the plaintiff to apply for damage, if any, in an amount to be calculated by subtracting the current market value of the goods (as well as the rebate on unearned finance charges from the balance outstanding if applicable).”
Moyane ignored our phone calls and messages sent to him.
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