Church sues acting judge for R1m over rent

Notyesi fighting claim, saying payment was offset by R800,000 spent on refurbishing Mthatha building

Acting high court judge Mvuso Notyesi is being sued for R1m in outstanding rent claimed by the Mthatha Catholic diocese.

Notyesi, who also sits on the Judicial Services Commission, is fighting the court claim, according to court papers seen by the Dispatch.

He says his rent was offset by the R800,000 he spent in 2005 making the Mthatha offices occupied by his firm of attorneys habitable.

He has put two special pleas to the court in which he offers two technical defences.

In one, he says much of the debt the Catholic bishop, Sithembele Sipuka, is claiming, has prescribed [expired].

He also says the bishop should have cited his law firm, M Notyesi Inc, rather than him in his personal capacity.

He had never personally entered into a lease agreement, but his firm had.

On Thursday, Notyesi refused to comment, saying he was out of the office and could comment only next week.

He questioned why the Dispatch would want to publish a story about this, saying he did not see it as a matter of public interest.

On Thursday, the church’s attorney of record, Mathew Yazbek, confirmed he was representing the church.

Notyesi had entered into an oral lease agreement with the church in 2011 and, according to court papers, had agreed to pay a monthly rent of R19,818 plus tax for the Durham Street premises in Mthatha.

According to the papers filed at the Makhanda high court, Notyesi had owed the church over R1.1m in outstanding rent, but in December 2021, he had paid an amount of R100,000.

In his plea statement, Notyesi, however, said he had never entered into any lease agreement with the church in his personal capacity, and that he was “incorrectly and unduly cited” as a party to the proceedings.

The church says Notyesi breached his obligations in terms of the oral lease, and that he had “on an ongoing basis” failed, refused or neglected to pay towards his outstanding rent, amounting to over R1m.

The church asks for a court order cancelling the oral lease agreement, and an order ejecting him and his firm from TH Madala Chambers in Durham Street.

It asks for the payment of the R1m, as well as damages amounting to over R20,500 for alleged unlawful occupation of the premises since February this year.

In his defence, Notyesi says the church failed to cite Mvuzo Notyesi Incorporated as the party that entered into a lease agreement.

He said the church’s claim was therefore “materially defective”.

He says his firm had approached the church in 2005 regarding the occupation of the offices, “as the premises were occupied at the time by homeless people and were dilapidated”.

The church then agreed to a caretaker oral lease agreement, subject to his firm doing its own renovations.

His firm then spent R800,000 on the necessary renovations.

He said the parties had agreed that his firm would be liable to pay only R5,700 a month in rent, an amount which would be offset against the cost of the renovations.

Notyesi said his firm was never issued with any invoices until July 2021 when a statement was presented to the firm.

Notyesi said his firm was not in breach of the lease agreement and that it was not liable to pay any outstanding balance, including the R1m claimed.

He denied that his firm’s payment of the R100,000 in December was an acknowledgment of debt.

Yazbek said the matter was still at a pleading stage, “and once we are done with pretrial formalities, I will then apply for a trial date”.