Fundira to defend Cape Town suit

PROMINENT safari operator, Emmanuel Fundira, yesterday said he will defend the case in which his flat in Cape Town, South Africa, could go under the hammer over an unspecified debt.

BY PAIDAMOYO MUZULU

Fundira’s comments come after a South African company, Body Corporate Atlantic Shores, approached the magistrates’ court in Cape Town, seeking an order to attach and auction the upmarket flat over an unspecified debt.

The businessman yesterday said he had approached his lawyers to defend the case.

“The dates on the notice relate to levies on a property leased by my daughter while at Cape Town University in 2015. Levies are the responsibility of the owner and my South African lawyers are looking into the matter,” he said.

Many well-to-do Zimbabweans have their children studying at foreign universities, where they buy or rent properties for the duration of their studies.

Body Corporate Atlantic Shores resorted to publishing a summons in the local Press after they failed to serve the papers to Fundira at his Cape Town address.

The company is seeking an execution warrant against Fundira’s flat located in the affluent Atlantic Shores, Beach Boulevard, Bloubergrant, Western Cape, for the unpaid debt.

The matter, registered as case number 8976/2015 magistrates’ court for Cape Town district, will be heard on March 9, 2017.

In the alternative, Body Corporate Atlantic Shores, represented by Bicarri Bollo Mariano Incorporated, has offered Fundira to provide a reasonable repayment plan.

“In terms of section 73 of the Magistrates Court Act of 1944, the court may, upon the application of the respondent or under section 65E(1)(a)(ii) or section 65E(1)(i)(c), and if it appears to the court that the respondent is unable to satisfy the judgment in debt in full at once, but is able to pay reasonable periodical instalments towards the satisfaction thereof, or if the respondent consents to an emoluments attachment order or garnishee order, being made against respondent’s employer, suspend execution against the respondent either wholly or in part.

The respondent is, therefore, invited to make an offer to pay off the judgment debt in instalments as contemplated in terms of section 73 of the Act,” the order sought said.

The company is also seeking an order for Fundira to pay costs.