Former Baroka FC and Jomo Cosmos full back Cheslyn Jampies has applied for the liquidation of Motsepe Foundation League campaigners Tshakhuma Tsha Madzivhandila (TTM), which is owned by businessman Lawrence Mulaudzi, after accusing them of failing to pay his outstanding salary.
Jampies asked the Joburg High Court to place the club under final winding-up in the hands of the Joburg master of the high court after failing to pay him over R700 000.
In the court papers, which we have seen, Jampies said he was employed by the TTM as a professional football player on a fixed-term contract.
He said TTM breached his employment contract , forcing him to leave. As a result, he referred the dispute to the dispute resolution chamber (DRC) of the league.
He said the DRC, led by Advocate Nalane SC, found in his favour and ordered the club to pay him more than R700 000 on June 26.
“In principle, the award orders the respondent to make payment to me in the sum of R725 000,, together with interest at 7% a tempora morae and legal costs
“The respondent has not taken any steps to appeal the award. The respondent has also not made payment.”
Jampies said as a result of TTM’s non-payment, his legal representatives sent a letter of demand to Mulaudzi on September 4. He said the letter of demand was also delivered by the sheriff to the club on September 21.
He said despite the lapsing of the relevant period since the Section 345 notice was served, TTM failed to pay the debt.
“The respondent’s failure to settle the debt due to me after service of the Section 345 notice, establishes prima facie proof of its inability to pay its debts as it becomes due.
“It is respectfully submitted that in terms of Section 344 read with Section 345 of the Companies Act, 1973, the respondent is deemed to be insolvent by virtue of its inability to pay its debts.”
This, he said, because the club did not own assets which he could lay a claim on to recoup his money. “I attach hereto a deeds search confirming that the respondent does not own any immovable [assets],” read the papers.
