A Joburg company has applied for a court order to give the new owner of Bidvest Wits Football Club Lawrence Shumani Mulaudzi and his company the marching orders from their premises for failing to pay rent.
The ejection order was applied by Acucap Investment at the Joburg High Court to red-card Mulaudzi and his company, Black Oil and Gas, from the premises.
The two have been given 10 days to indicate whether or not they would oppose the application.
In the application papers, which are in our possession, Acucap national credit manager Walter Kruger said Black Oil and Gas, represented by Mulaudzi, and Acucap represented by Carolyn Cookson and Leanne Sowary, signed a lease agreement on December 31 2018 for him and his company to ply their trade from the premises.
This after Mulaudzi signed papers binding himself as the surety and co-principal debtor for his company on August 30 2018.
In terms of the lease agreement, Mulaudzi and his company were expected to pay over R38 700 for the office space, over R5 300 for two basement parking bays and more than R1 000 for open-parking bays.
They were also responsible for payment of utilities they would have used.
Kruger said Mulaudzi and his company breached the lease agreement when he failed to remit rental payment, and as a result they were over R316 416 in arrears and ancillary expenses.
He said their attorney of record delivered the letter to Mulaudzi and his company on May 4 2020 via e-mail, demanding payment of the arrears due.
“Despite demand, the respondents failed and/or refused and/or neglected to remedy their breach within the allowed time period,” read the papers.
Kruger stated in the papers that as a result of their failure to settle the arrears, Acucap’s lawyers sent them a letter on June 5 informing them that their lease agreement has been cancelled and consequently they should vacate the premises.
But Mulaudzi, who intends to change the name of the soccer club to Tshakhuma Tsha Madzhivhandela when the new season starts, seems to have given them the bird because he has, until today, according to papers, not vacated the property.
The papers further read: “Despite the lawful cancellation of the lease agreement, the first respondent and all those who are occupying by, through or under the first respondent, including the second respondent, have failed to vacate the premises and are currently still in occupation thereof. The first respondent and all those occupying by, through or under the first respondent, including the second respondent, have no right to remain in occupation of the premises.”
Acucap is demanding that Mulaudzi and his company pay it a total of over R1.2-million and be evicted from the property. The quantum consists of over R316 416 in arrears and ancillary expenses and more than R940 000 for the damages it suffered as a result of the cancellation of the lease agreement.
Mulaudzi’s legal woes, as a result of his apparent failure to manage his finances properly, appear to be following him like a bad miasma. Earlier this year, the SA Revenue Service hit the soccer club boss with a tax bill of over R1.1-million.
Attempts to get hold of Mulaudzi drew a blank as he did not respond to our messages.