Heineken Beverages International is seeking a judgment of R42.8m against businessman Peter Matsimbe over alleged unpaid invoices for liquor and beverage supplies, citing a series of supply agreements and a personal suretyship dating back to 2022.

In a claim filed in the Gauteng High Court (Johannesburg), the company alleges that Matsimbe’s business failed to settle invoices for products supplied between 4 September 2023 and 2 April 2024.

The claim, which includes interest and legal costs, centres on an alleged outstanding debt of R42.8m and the transfer of contractual obligations from Distell to the Heineken Group.

TimesLIVE reports that the disputed transactions involved 53 invoices issued for products supplied to Matsimbe.

Heineken says the payment period expired without the amount being settled.

‘Despite the lapse of 90 days from date of invoice, the last of which was dated 9 April 2024, the principal debtor has failed to pay Heineken Beverages International the amount of R42 867 341.10, or any portion thereof, despite written demand,’ the claim states.

The company is asking the court to order Matsimbe to pay the full amount, interest and legal costs on an attorney-and-client scale, including the costs of two counsel.

However, the claim is not based solely on the supply transactions. 

TimesLIVE reports that Heineken also cites a suretyship it alleges Matsimbe signed in September 2022, when the relevant business operated under an agreement with Distell.

The claim states the original supply agreement was concluded on or about 14 March 2022 between Distell and United Brands Beverages, trading as UBB, represented by Matsimbe.

The agreement governed the supply and sale of liquor products and natural beverages, including provisions regulating credit terms, payments, interest and legal costs.

Matsimbe’s legal battle with Heineken comes against the backdrop of previous disputes involving millions of rands and his high-profile marriage to television personality Ayanda Thabethe.

TimesLIVE reports that Matsimbe has also been embroiled in a separate dispute with businessman Jacobus Jansen over an alleged R22m debt.

In August 2022, the Gauteng High Court confirmed an order freezing assets linked to the dispute after finding that Matsimbe had failed to provide a satisfactory explanation for the disposal of certain assets. 

The allegations in Heineken’s claim have not been established by a court and the case remains subject to the legal process.

Full TimesLIVE report