Former Orlando Pirates goalkeeper Williams Okpara is refusing to march out of a shop building he is renting after his landlord red-carded him for failing to pay rent.
Okpara’s refusal to vacate the shop premises in Jeppe Street, in central Joburg, comes after the building owners, Afhco Holdings, disconnected the power supply to his shop after struggling to get him to pay rent.
Now Afhco has filed papers in the Johannesburg High Court in a bid to evict Okpara from the building.
In the court papers, which we have seen, Afhco said it entered into a written lease agreement with Okpara to rent a shop at Impilo Place on September 14, 2020.
The lease agreement was supposed to commence on October 1 and end on September 30.
Okpara, according to the papers, was expected to pay more than R12 000 on the first of every month after paying a rental deposit of R18 960.
In addition to the monthly rental, Okpara undertook to pay 0.65% of the total rates and taxes, common area charges, water and electricity he would have used.
“In breach of his obligations in terms of the agreement of lease, the respondent failed, neglected and/or refused to pay timeously or at all those amounts.
On or about September 2023, the applicant caused to be delivered by hand to the respondent a letter of demand.
Despite the expiry of the period as referred to in the aforementioned letter, the respondent failed and/or refused and/or neglected to pay to the applicant the amount owed at that time,” read the papers.
The company said its lawyers wrote another letter to Okpara on October 30, 2023, notifying him of the cancellation of the lease agreement and ordering him to vacate the shop, but he showed them the zap sign.
“Accordingly, the agreement of lease between the applicant and the respondent has been lawfully cancelled.
Notwithstanding demand, the respondent has failed and/or refused and/or neglected to vacate the said premises on November 13, 2023, and in consequence thereof, and as of November 14, 2023, the respondent’s occupation of the leased premises is unlawful,” read the papers.
In his replying affidavit, Okpara confirmed that Afhco cancelled his lease agreement after he failed to keep up with rent but said he will not move out.
Okpara said that when he received a summons from the company, he immediately went to its offices and made arrangements to pay the arrears.
He said the company’s representative advised him to remit payment to prevent any furtherance of the legal action.
“I immediately made a manual payment of R20 000.00 (twenty thousand rand) into the account of the applicant as a gesture of commitment,” Okpara said.
“In conclusion, I had been reassured that as long as I make payments, no further legal steps would be taken.”
Okpara said he did not receive a cancellation letter, and therefore, the summons and the eviction proceedings were premature, and the Afhco case against him should be dismissed with costs.
He lamented that before taking him to court, Afhco locked him out of his shop with no court order or warrant of execution.
“I was locked out of the premises from 17 April 2024 to 18 April 2024, and as a result, I lost out on potential customers as well as revenue for those days.
“The loss in revenue for a small business like mine is substantial. I rely on trading hours during business days to try and make enough money to break even at month end and remain operational to support my monthly commitments.
“My present attorneys of record immediately addressed a letter to the applicant’s attorneys requesting immediate unlocking of the premises,” he said.
Okpara also accused the company of using bullying tactics to intimidate him by intentionally switching off the power to the premises.
“It is only once I visit their offices that the respondent concedes to reconnect the power.
This has happened on two separate occasions, and it is anticipated that this conduct will continue. It is on this basis that I am opposing the matter,” he said.
He said if he were evicted, he would lose business and revenue.
“The applicant is seeking to evict me from my place of business, wherein I have established a presence over the last 9 years, and therefore I am a permanent fixture, and I rely on my clientele knowing my location for part of my sales,” he said.
Okpara ignored our phone calls and text messages.
