The High Court in Windhoek on Friday granted an interim order restraining Charlotte Kapose and Tommy Tjaronda from entering the M&Z Motors premises in Windhoek.
They may not make contact with any of the car dealer’s employees, threaten its employees, or make derogatory remarks or threats on social media platforms.
In his urgent application, the dealer principal of M&Z Motors, Ekko Eisenberg, told the court that Kapose, a senior financial analyst at Namfisa in Windhoek, in 2014 purchased a new Mercedes Benz C220 Diesel from M&Z Motors.
Shortly after, Kapose complained to M&Z Motors about a noise every time she applied the brakes. Eisenberg said his company, “decided, as nothing more than goodwill and while under no obligation to do so, to replace the vehicle in question with another (new) vehicle of the same specifications, although the replacement vehicle was a 2015 model at a higher price.”
The company provided Kapose with a courtesy car free of charge for six months while her new vehicle was being customised according to her specifications. Eisenberg added that the 2014 model was sold in the meantime and is in use today with no problems reported to date.
Kapose received her new car on 30 September 2015. On 11 November, she complained that the replacement vehicle made the same noise when she braked and that she was again “unhappy with the vehicle”.
Eisenberg told the court that they sent Kapose on an all-expenses-paid executive driving course in South Africa to ensure that she understood the operation of the ABS/ESP braking system on the Mercedes Benz. They “also investigated and replaced the necessary components on the braking system but still the respondent was not happy”.
Kapose continued to demand another new car and indicated to the company that she would settle for a GLC model although Eisenberg explained to her that the car has the same braking system and would thus not alleviate her concerns.
Around 26 May 2016, Kapose took her car back to M&Z Motors and was again provided with a free courtesy car.
She was “involved in an accident with one of the courtesy vehicles provided to her and the vehicle sustained damage to the tune of N$112 880.” Eisenberg claimed that she refused to pay the N$5 000 insurance excess payment and “demanded another courtesy vehicle, which was provided to her”.
Eisenberg said they realised there was nothing they could do to satisfy Kapose. They offered to buy back her car at the same price she had paid for it and to cover any and all costs in respect of the hire-purchase of another vehicle in order for her to be able to buy another car – possibly another brand.
“It was here where matters took a turn for the worse. This aggravated [Kapose] to such an extent that she arrived at M&Z Motors on 9 June together with Tjaronda, whom I believe to be her boyfriend.”
Eisenberg said they demanded to see him and twice, Tjaronda referred to him as a p**s, demanding that he come and speak to them. A staff member filed an affidavit in support of this allegation.
It is alleged Kapose and Tjaronda forcefully entered Eisenberg’s office and he said there was nothing anyone could do to calm them down. “They threatened me by stating that M&Z Motors will ‘live to regret this’ and that they ‘will blow this thing up’.”
Eisenberg said both Kapose and Tjaronda took to social media in what Eisenberg described as extortion and intimidation tactics. He cited several Twitter and Facebook updates which included allegations of fraud, discrimination, racism and “German arrogance and dominance” against M&Z Motors and its staff. He said the fact that the media were tagged in their updates indicated a motive of broader defamation. According to Eisenberg, the two are “persisting with their threats, intimidation and their defamatory smear campaign. When asked to desist... they aggravated their actions by further threats and defamatory statements.”
Judge Hosea Angula granted the interim order and set the return date for 7 July.
Staff Reporter
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