Wednesday, August 17, 2022
HomeNEWSDiko refuses to give car back to WesBank

Diko refuses to give car back to WesBank

Former presidential spokesperson Khusela Diko has allegedly failed to surrender a vehicle purchased by her late husband Thandisizwe, even though creditors claim it is in her possession unlawfully and there is still R584 360 owed on it.

WesBank took the matter to the Johannesburg High Court on July 4, arguing in the court application that Diko had not made any arrangements to pay for the Ford Ranger since her husband passed away in February last year.

“The deceased, Thandisizwe Diko, was the purchaser of the goods in terms of the agreement. The plaintiff is not seeking any relief against the deceased. Despite demands, the defendant [Khusela Diko] either failed and/or neglected and/or refused to return the goods to the plaintiff.”

The bank revealed that the finance agreement had been concluded in November 2018 and the deceased had agreed to pay monthly instalments of about R12 000, with a total balloon payment of about R141 000 by the end of 2024, the overall price of the vehicle being about R1 million.

“The plaintiff shall remain the legal owner and titleholder of the goods until [the executor winding up his estate] has paid all amounts and complied with all his obligations in terms of the agreement.

“[The executor] shall not sell the goods, cede, assign or delegate any of its rights and/or obligations in terms of the agreement, nor allow the vehicle to become subject to any lien…” read the papers.

The creditors also stipulated measures to be taken in the event that payments for the vehicle were halted, citing that the only reasonable action was to repossess the vehicle.

“It was a further term of the agreement that in the event of incurring any legal charges in order to enforce any of its rights in terms of the agreement against the late Diko, [his executor] would be liable to pay such legal charges calculated on an attorney and client scale and including, but not limited to, collection of commission.

“The defendant has not made arrangements, nor made any further payments in respect of the goods from the estate of the late Diko …

“The defendant is in unlawful possession of the said goods.”

The papers added that all costs of the suit would be for the defendant, as she had ignored attempts to resolve the matter amicably.

Yesterday, Diko declined to comment, saying only: 

These are matters best directed to the executor of my late husband’s estate.

She was reinstated in her role in President Cyril Ramaphosa’s office last year following lengthy investigations into her late husband’s links to a R125 million personal protective equipment tender from the Gauteng department of health.



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