…as Court of Appeal overturns Kopo ruling, orders fresh hearing before another judge
Moorosi Tsiane
PROMINENT lawyer, Advocate (Adv) Tiisetso Sello-Mafatle, has scored a major victory in her bitter legal battle with her husband, businessman Teboho Mafatle, after the Court of Appeal reopened the fight over their multimillion-maloti business empire.
In a unanimous judgment delivered on Friday, the apex court overturned Commercial Court Judge Moneuoa Kopo’s decision to dismiss Adv Sello-Mafatle’s application to place seven jointly owned companies under judicial management.
The court ordered that the matter be remitted to the Commercial Division of the High Court for a fresh hearing before a different judge, giving the embattled lawyer another opportunity to pursue her bid to have the companies’ affairs investigated.
Delivering the judgment, Court of Appeal President Professor Kananelo Mosito agreed with Adv Sello-Mafatle’s appeal, which was heard by a bench comprising Justices Mosito, Hosea Angula and ’Mabatšoeneng Hlaele.
“The appeal succeeds. The judgment and order of Kopo J delivered on 13 July 2026 discharging the rule nisi and dismissing the application for judicial management are set aside,” Justice Mosito ruled.
The judges directed that the matter be returned to the High Court for further case management, hearing and determination before a judge other than Justice Kopo.
They further ordered that the judge taking over the matter should determine the appropriate status of the provisional judicial management arrangements, as well as the investigative and reporting directives contained in an earlier order issued on 1 June 2026.
The court also directed that both parties be given proper notice and a fair opportunity to present their cases, respond to adverse evidence and submissions, and fully ventilate all the issues before a final determination.
“The judge seized of the matter shall, after hearing the parties, determine the appropriate status of any provisional judicial management matters and of the investigative and reporting directions in the order of 1 June 2026 and issue such procedural directions concerning the report, evidence, supplementary affidavits and timetable as are necessary,” Justice Mosito said.
Friday’s ruling has breathed new life into Adv Sello-Mafatle’s bid to secure judicial oversight of the family’s business interests, reversing a July judgment by Justice Kopo that had effectively handed Mr Mafatle a reprieve.
The bitter dispute between the estranged couple has exposed a spectacular breakdown of both their marriage and business partnership, with allegations of infidelity, financial misconduct, secret property acquisitions and the alleged misuse of company resources.
Adv Sello-Mafatle approached the Commercial Division in May this year seeking judicial management of seven companies jointly owned by the couple.
She accused Mr Mafatle, who had overseen the day-to-day running of the businesses, of diverting company money and assets to finance lavish lifestyles for women she alleged were his mistresses, while secretly building a separate business empire.
She further alleged that properties, vehicles and other luxury items had been acquired for the women using resources belonging to the family businesses, while she was systematically excluded from the affairs of companies they had built together over many years.
The companies at the centre of the dispute are Thabeng Hotel, Exo Expo Trailers (Pty) Ltd, Rebang Investment (Pty) Ltd, Trailerland (Pty) Ltd, In-Exit Express (Pty) Ltd, Leralleng Investment (Pty) Ltd and Sea-Point Trailers & Equipment Hire (Pty) Ltd.
On 1 June 2026, Justice Moroke Mokhesi granted an interim order placing the seven companies under provisional judicial management. He appointed chartered accountant Api Setsabi and attorney Qhalehang Letsika to investigate their financial affairs and report to the court.
However, Mr Mafatle challenged the order, arguing that the court had granted far-reaching relief without giving him an opportunity to be heard.
He denied mismanaging the businesses, misusing company funds or having extramarital affairs, insisting that the allegations were based on suspicion and hearsay.
He also accused his wife of financial impropriety, alleging that she had transferred M225 000 from Thabeng Hotel into her personal account between August 2025 and May 2026. He further claimed that M500 000 intended for renovations and the construction of a swimming pool at the hotel had been transferred to her account without the project being completed.
Justice Kopo subsequently ruled in Mr Mafatle’s favour on 13 July, discharging the provisional judicial management order and dismissing Adv Sello-Mafatle’s application.
The judge found that she had failed to establish that the companies were being mismanaged or stripped of their assets. He concluded that the dispute appeared to stem largely from the breakdown of the couple’s marriage rather than a corporate crisis.
He also criticised the reliance on hearsay evidence, finding that the allegations did not sufficiently establish grounds for judicial management.
Unhappy with the ruling, Adv Sello-Mafatle appealed to the Court of Appeal, arguing that Justice Kopo had prematurely determined the merits of her application without allowing the judicial management process to run its course.
She also challenged his decision to discharge the provisional order granted by Justice Mokhesi, arguing that he had effectively sat in judgment over an order issued by another High Court judge.
Friday’s ruling means the dispute will return to the Commercial Division, where a different judge will have to determine the way forward after hearing both parties.