Popular actors Lungile Radu and Thomas Gumede, directors of Parental Advisory Productions, are fighting to stop Capitec Bank from attaching their property over a R2.2m loan to their film production company.
The dispute, which is unfolding before the Gauteng High Court, stems from a commercial loan agreement concluded on June 1 2023.
Radu and Gumede claim the bank persisted with court proceedings despite receiving a R560,000 payment that settled the arrears which gave rise to the case.
The actors, who are among South Africa’s best-known television personalities and producers, stood surety for the debt, exposing themselves to personal liability should the company fail to honour its repayment obligations.
They argue Capitec was no longer entitled to seek an order declaring the property specially executable once the default had been cured, and want the application dismissed with punitive costs.
There is no dispute regarding the fact that the parties entered into a loan agreement on June 1 2023. The respondents further admit that they fell into arrears
— Court papers
When repayments allegedly fell into arrears, the bank accelerated the debt and turned to the courts to recover what it says is owed.
Capitec is seeking judgment for R2,233,549, together with R62,233 interest and legal costs. It has also asked the court to declare the respondents’ immovable property “specially executable”, a move that could ultimately pave the way for its attachment.
Radu and Gumede, however, insist the bank’s application is based on a default that had already been remedied long before the matter was argued.
“There is no dispute regarding the fact that the parties entered into a loan agreement on June 1 2023. The respondents further admit that they fell into arrears. However, subsequent to the issuing of the application, the respondents paid an amount of R560,000 towards the loan account, thereby settling the arrears which formed the basis of this application,” they say in their court papers.
Rather than disputing the existence of the loan or denying that they experienced financial difficulties, the directors say the central issue is whether Capitec can continue pursuing execution against their property after the payment of the arrears that underpinned the litigation.
According to their court papers, the arrears that prompted the application amounted to about R246,000. They say that on December 2, 2025, they transferred R560,000 into the loan account — more than double the amount of the arrears — and expected the litigation to be withdrawn.
The actors claim that after the payment was made, Capitec advised them that only legal costs remained outstanding before the matter could be finalised.
The applicant persisted with this application despite the arrears having been settled. We submit that the order sought by the applicant is no longer competent because the default upon which the application was founded had already been remedied
Despite that, they allege, the bank proceeded with the legal action.
“The applicant persisted with this application despite the arrears having been settled. We submit that the order sought by the applicant is no longer competent because the default upon which the application was founded had already been remedied.”
Radu and Gumede argue that while the overall loan balance may still exist, the specific payment default relied upon by Capitec had ceased to exist by the time the matter came before court.
They contend that the bank therefore lost its legal basis to seek one of the most severe remedies available to a creditor.
The directors say execution against immovable property should not be granted where the circumstances giving rise to the application have materially changed. They are asking the court to dismiss the application and order Capitec to pay punitive costs for continuing with litigation that they argue had become unnecessary.
In addition to challenging the merits of the bank’s claim, Radu and Gumede have also attacked the validity of Capitec’s court papers. They argue that the founding affidavit relied upon by the bank is defective because it allegedly fails to comply with the regulations governing the administration of oaths.
The respondents have conceded this point.
The directors argue that the alleged defect is not merely technical but goes to whether Capitec has placed admissible evidence before the court. Should the court agree with that submission, they argue, the application ought to fail irrespective of the underlying dispute over the loan.
The case is expected to test the extent to which lenders can continue pursuing execution proceedings after borrowers have remedied the defaults that initially prompted litigation
They have asked the court to dismiss the matter with punitive costs.
The case is expected to test the extent to which lenders can continue pursuing execution proceedings after borrowers have remedied the defaults that initially prompted litigation.
While Capitec maintains that more than R2.2m remains owing under the loan agreement, Radu and Gumede argue that the payment of the arrears fundamentally changed the legal position and deprived the bank of its entitlement to seek execution against their property.
The Gauteng High Court in Joburg is now expected to decide whether Capitec’s bid to attach the property should proceed, or whether the subsequent payment of the arrears and the alleged defects in the bank’s court papers are sufficient to bring the application to an end.
Capitec Bank declined to comment on the merits of its high court dispute with Parental Advisory Productions and its directors, Radu and Gumede, citing the matter’s pending status before the courts. They confirmed only that the matter will be heard on August10.
Radu rose to prominence as a Channel O presenter before starring in Rhythm City and later hosting hit shows including Big Brother Mzansi, The Voice South Africa and Fear Factor South Africa.
Gumede made his name as an actor and comedian through productions such as A Place Called Home, Bay of Plenty and Sketch U Later, while also hosting several television programmes.
Together they co-founded Parental Advisory Productions, the company behind popular television productions including Forever Young, Love Back, Mo Love, Goal Diggers and the e.tv telenovela Nikiwe.
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