Deputy President Paul Mashatile’s ex-girlfriend Norma Mbatha has rejected his advisor’s out-of-court settlement proposal that would have seen her testify against the ANC heavyweight’s other ex-lover Gugu Nkosi.
Keith Khoza, who had applied for protection orders against both Mbatha and Nkosi at the Randburg magistrate’s court early this year, proposed to withdraw the matter against Mbatha in exchange for her to testify against Nkosi in a legal showdown.
“[The respondent] agrees that after the signature date of this settlement agreement, the respondent shall, at the request of the complainant, render all assistance and perform all lawful acts that the complainant considers necessary or advisable in relation to any litigation concerning Gugu Edith Nkosi, in particular the complaint which was lodged by the complainant under case number [withheld] before the above honourable court.
“The complaint hereby withdraws the application against the respondent,” reads the settlement agreement draft.
The draft also states that Mbatha undertook to refrain from contacting Khoza through telephone, electronically, or in person, or inciting other third parties to contact him for any reason whatsoever unless it was only required for legal proceedings.
Mbatha, states the draft, would also refrain from referring to or implicating Khoza in any posts on social media.
She would also avoid as far as reasonably possible, physical contact and encounters with the complainant, and also not enlist the help of any other person, including but not limited to Gugu Nkosi and any journalist, to contact the complainant, according to the draft.
It further states that Mbatha should not threaten or intimidate, and not trespass on Khoza’s property or stalk him, adding that neither Mbatha nor Khoza would slander, defame, or bad-mouth each other verbally, on social media, or via any means to any third parties.
“To this end, the respondent further undertakes that she will not make any publications of the complainant, including, inter alia, but not necessarily limited to conducting interviews with news outlets and social media; transmitting correspondence via her organisation Izwi Labanti Forum; posting on WhatsApp groups or status updates; or any other form of media that is available and accessible by third parties or the public.”
Kuvashen Padayachee, Khoza’s lawyer, wrote that the content and scope of the agreement were confidential between the parties and would not be disclosed to anyone, and stated that any disclosure would be deemed a breach of the agreement.
However, Sunday World understands that Mbatha repudiated the draft.
When contacted, Mbatha said: “I am not sure where you got your information, and I am not able to comment.”
Khoza referred questions to Padayachee, who became hostile and chastised this reporter, demanding to know where the publication obtained the information.
Sunday World can reveal that Padayachee drafted the proposed agreement after meeting with Mbatha’s legal team outside the court in April.
This after Mbatha and Nkosi’s first appearance in court for Khoza’s application for an interim protection order against the duo.
Padayachee later told this publication: “Regrettably, our client is precluded from entertaining and dignifying speculative queries about a purported ‘settlement agreement’ you may be in possession of. The matter remains before court and is certainly not settled. The hearing is imminent.
“Any settlement agreement for that matter remains the subject matter of ‘without prejudice’ communications, which means that it is protected from disclosure to any third party [the media included].
“This privilege can be waived if both parties to the dispute agree to waive legal privilege. I have spoken to Ms Mbatha’s attorney, Mr Van der Merwe, who confirmed that his client has not waived privileged nor has our client for that matter.
“In such circumstances, your suggestion that the order is to muzzle Ms Mbatha, is preposterous.”
According to sources close to the matter, Padayachee, along with three others, approached Mbatha’s lawyers Herman van der Merwe & Greyling Attorneys, before the case started and proposed a possible settlement agreement.
Eyewitnesses said this happened in full view of people who were in court, including members of the ANC Women’s League who were in court to support Mbatha and Nkosi.
An insider alleged that Khoza and his lawyers were, based on the contents of their draft agreement, seemingly trying to get Mbatha to throw Nkosi under the bus.
“The intention of Keith and Kuvashen was not only to muzzle Norma but to turn her against Gugu,” said an insider.
“When they proposed the settlement, they wanted to draft a document that Kuvashen would send to Norma’s lawyers with terms and conditions. Kuvashen proceeded with the drafting of the document and sent it to Norma’s lawyers.”
Khoza dragged Mbatha and Nkosi to court after complaining that they were harassing him on social media.
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