Sandisiwe Mbhele
Lifestyle Journalist
3 minute read
1 Feb 2021
4:23 pm

Penny Lebyane and DJ Fresh legal showdown set for Wednesday

Sandisiwe Mbhele

Speaking to 'The Citizen', Penny Lebyane says she still wants to see the documents of an alleged restraining order against her.

Penny Lebyane and DJ Fresh. Picture: Instagram

Veteran radio personalities DJ Fresh and Penny Lebyane are set for a legal showdown this Wednesday.

DJ Fresh, whose real name is Thato Sikwane, filed a court application against poet Ntsiki Mazwai to take down social media posts that name him as a rapist in July 2020.

In the affidavit deposed by DJ Fresh, the former 947 presenter claimed that Lebyane was the “original poster” of a tweet that insinuated that he was involved in alleged sexual misconduct. The tweet, which Mazwai reposted, landed her in hot water resulting in DJ Fresh taking her to court.

Fresh states in his founding affidavit that he dated Lebyane briefly in 2001. They broke up because their relationship was toxic and he obtained a restraining order against her. The restraining order was placed after she tried to run his friends off the road.

It read: “…A restraining was obtained against her after she attempted to force friends of mine off the road order. I have not had dealings with her since.”

Lebyane said she was only made aware by a journalist that her name was mentioned in the Fresh and Ntsiki court matter, in his founding affidavit.

ALSO READ: DJ Fresh and Euphonik off air following sexual assault allegations

Speaking to The Citizen, Lebyane said she still wanted to see the documents of the restraining order and wanted clarification on why her name was mentioned in the founding affidavit.

She denied the claims she was the originator of the tweet and was not aware of any restraining order against her.

“I was never informed about this founding affidavit. I have never seen it.” She said after being made aware of the document, she hired a lawyer to find answers on why her name was mentioned.

“My question is, am I being taken to court? What is the implication of my name being mentioned? What is the intention of this document? It doesn’t seem I have a right to reply.”

Lebyane explained that her lawyer and Fresh’s legal team had communicated back and forth to get clarity on the matter but to no avail.

“Clients are asking me what’s my involvement in this case and I don’t really have answers for them. Legally we have to ask to join the case to get understanding and clarification on the matter.”

ALSO READ: Penny Lebyane’s lawyers give DJ Fresh 5pm deadline pending legal action

Back in 2019, Lebyane shared that an ex-boyfriend raped her during their relationship and some people jumped to the conclusion that it was DJ Fresh. The two have not had a cordial relationship since their break-up.

DJ Fresh responded, stating: “There is a gag order in place in respect of the main application, which precludes the contents thereof from being disclosed.

“My attorneys have responded to Ms Lebanye’s application to join the proceedings, which will be dealt with simultaneously with the main application on Wednesday. We remain of the view that there is no basis for the joinder application and have set this out in the papers.

“The issues will all be ventilated at court.”

When reached out for comment, Mawazi said it was a legal matter and she was not allowed to comment.

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