AFRICAN Sun Limited is suing Mildred Zulu, former general manager for its Caribbea Bay resort, over non-payment of a US$28 000 car loan.
The court has been told that she bought a top-of-the-range vehicle using the car loan advanced to her.
In terms of the rules, Zulu was eligible to a staff car loan.
Subsequent to this she was given US$28 000 that was disbursed through her elected car dealer, Jarzin auto Car Hire operating from South Africa.
The money was equal to R311 000.
After she was given the money, Zulu bought a Toyota Fortuner and to date, she has been enjoying unfettered use of the same without making any efforts to pay back the loan.
Terms and agreements were that she would surrender the motor vehicle to Africa Sun upon the termination of her employment contract.
The car was supposed to be in the custody of Africa Sun until repayment of the full amount within ninety days of termination.
Africa Sun also had the discretion to sell the vehicle at market value upon expiration of ninety days after the termination of the employment contract.
“However, owing to Zulu’s breach of the car loan agreement by failing to surrender the registration book, that discretion fell away.
But regardless, Zulu made out a special power of attorney mandating Africa sun to sell the vehicle had it been surrendered as per the agreement.
Given that Africa Sun was not given the registration book, and that it cannot sell a vehicle it is not in possession of, it has no option but to claim payment of the full loan amount extended to Zulu.
“It follows, therefore, that respondent does not have since, genuine and bona-fide defence to the claim,” said Africa Sun.
Africa sun wants its US$28 000 back.