A well-known spin doctor has been ordered to pay millions to Unilever in connection with a failed Axe jet PR campaign.
|||Durban - Well-known spin doctor to Durban’s high flyers Vuyo Mkhize has been ordered to pay millions to Unilever in connection with an Axe jet PR campaign that failed to get off the ground.
Mkhize, who has previously acted as a personal spokesman for Deputy Agriculture Minister Bheki Cele, socialites Shauwn and Sbu Mpisane and taxi boss Mandla Gcaba, had a default judgment of about R3.8 million granted against him in the Durban High Court in July 2013.
The matter relates to civil action Unilever brought against Mkhize and his company Kapital Mindz in 2012. Mkhize had launched a counter-claim against the company for R7.6 million in damages, but this was dismissed by the court.
The matter went to trial with evidence being led, but when Mkhize’s lawyers failed to appear at the finalisation of the case, the court granted the order against him.
This week household goods, including television sets and couches, which had been attached and seized as a result of the judgment, were auctioned.
But Mkhize told The Mercury on Wednesday, that he would be challenging the default judgment.
He said he had not been aware that the case was in court on the day the judgment was granted as his legal team had withdrawn and he claimed that the notice of set-down had not been properly served.
He also said the items that had been auctioned belonged to other parties and the sheriff had been made aware of this.
Mkhize, who maintained that he had a strong case, said he wanted a review of how the order was granted and for a court to review the evidence led in the civil trial.
In response to Mkhize’s allegations, Unilever’s attorney Dean Joubert De Villiers said Mkhize was properly notified of the court date and the judge would not have granted judgment if he had not been satisfied of this.
De Villiers also said he assisted Mkhize to obtain a copy of the court order a day after it was granted and the matter had not been challenged to date.
Regarding the service of the writ of execution, the attorney said Mkhize had been traced to the address where it was served.
“All prior attempts to locate him and attach his property had proved unsuccessful.”
He said it would take a few days to discover what value the goods were sold for, less the costs of the sheriff, but a significant dividend was not expected.
According to court papers, Kapital Mindz was employed by Unilever to do advertising and promotional work for Axe deodorant.
Kapital Mindz suggested that a good promotional venture would be to arrange a trip to Ibiza, Spain, with promotion winners and celebrities, which was to take place in August 2007.
Kapital Mindz agreed to “arrange and co-ordinate the promotion”, including the hire of a jet aircraft to take the guests to Spain.
Unilever claims that it paid the company R2.6 million for the hire of the plane, accommodation and for other miscellaneous travel charges.
However, on the day of the trip, competition winners and celebrities were left stranded at O R Tambo airport in Johannesburg because the jet did not arrive as the owner said the company had not been paid.
Unilever said it then had to incur expenses to get public relations people to “crisis manage” and to arrange for the guests to get to Spain on other flights.
In its plea, Kapital Mindz argued that Unilever’s suit should be dismissed with costs. It said a private jet was booked, but it was rejected by Unilever representatives, who insisted on a “more luxurious aircraft”.
Kapital Mindz said it had suggested another jet and how much it would cost to hire either, but Unilever did not pay for it. The company said because of Unilever’s failure to pay, there was a breach of the agreements between the parties.
Mkhize was adamant that Unilever had been responsible for funding of the campaign.
The Mercury
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