Mercedes-Benz has applied for a court order authorising the Sheriff of the High Court to trace and confiscate a luxury vehicle driven by former Kaizer Chiefs captain Itumeleng Khune.
The German carmaker has also asked for an injunction to use geo-location data to trace the road monster and enable it to duly instruct the sheriff to attach, seize and hand over the vehicle to it.
Mercedes-Benz has made the poignant requests in court papers filed last week in the Joburg High Court, where it seeks an order enjoining it to repossess the vehicle.
“An order for confirmation of cancellation of the instalment sale agreement; authorising the Sheriff of the High Court to attach, seize and hand over that vehicle to the plaintiff. Authorising the plaintiff to make use of geo-locational data to trace the vehicle and enable the plaintiff to duly instruct the sheriff to attach, seize and hand over the vehicle to it,” read the papers.
Mercedes-Benz also wants Khune, who is also Bafana Bafana’s former number one goalkeeper, to pay for its legal costs for refusing to hand over the vehicle after failing to keep up with its monthly instalments.
In the court papers which Africa Daily has seen, Mercedes-Benz said it loaned Khune over R742 000 to purchase a 2019 Mercedes-Benz AMG C43 4Matic for just under R900 000 on 19 July 2022.
It was agreed that Khune, who boasts a fleet of luxury vehicles, would settle the loan by paying Mercedes-Benz a monthly instalment of more than R18,000 for 48 months, starting from 1 August 2022, to 1 July 2026.
They agreed that should Khune fail to pay his instalment, the outstanding balance shall bear additional interest charges at the rate allowed in terms of the National Credit Act 34 of 2005.
The two also agreed that should Khune commit any breach of the Instalment Sale Agreement, Mercedes-Benz would be entitled, after due demand and without prejudice, to cancel the Instalment Sale Agreement and retain all payments already made.
Mercedes-Benz will thereafter claim payment of the difference between the balance outstanding and the amount realised from the sale of the vehicle.
Khune, stated the dealership, breached the instalment agreement when he defaulted on his monthly instalment.
“In breach of the Instalment Sale Agreement, the defendant has failed to make due and punctual monthly payments to the plaintiff and is in arrears of R40,479.97 as at the time hereof and the outstanding balance due by the defendant to the plaintiff in terms of the Instalment Sale Agreement is R40,479.97,” read the papers.
Mercedes-Benz said it had written letters to Khune pleading with him to settle the arrears and keep his account updated.
“Despite lawful written demand, the defendant has failed to make payment of the arrears and the plaintiff has elected to cancel the Instalment Sale Agreement, take repossession of the vehicle and claim the difference between the outstanding balance and any amount realised from a sale of the vehicle in future,” read the papers.
Mercedes-Benz said it requested Khune to contact it within 10 business days in an attempt to resolve the dispute or to develop a repayment plan acceptable to both of them, but he failed.
It said, in addition, Khune has not voluntarily returned and/or surrendered the vehicle to it.
“In the premises the plaintiff is entitled to an order: authorising the Sheriff of the High Court to attach, seize and hand over the vehicle to the plaintiff;authorising the plaintiff to make use of geo-locational data to trace the vehicle and enable the plaintiff to duly instruct the sheriff to attach, seize and hand over the vehicle to it,” read the papers.
