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The Radio Bop Deal — Open Legal Notice and Demand for Retraction, Apology and Preservation of Evidence

To: Hector Mathabe; George Munetsi; Lerato Phoku; Sammy Mashabane; Mrs Mathabe; Mrs Munetsi; all other persons implicated in the matters described below; and to the public

From: Kealeboga Gift Mogapi

Date: 22nd March 2026

This is a formal public legal notice and demand addressed to the persons named above and to anyone acting in concert with them. It is issued in my personal capacity as a businessman and the party aggrieved by the fraudulent, unlawful and defamatory conduct described below. I put you on notice of my intention to pursue all available civil and criminal remedies should you fail to comply with the demands set out in this letter.

Summary of Material Facts (chronology)

- Mr Hector Mathabe approached me to invest in the Radio Bop project. He represented that, although he had started the project with Mr George Munetsi, he was the sole owner of Radio Bop.

- I initially declined to invest because the project lacked a viable business model and offered no demonstrable return on investment.

- Later, needing media capacity for the Africa Got Talent initiative, I engaged Mr Mathabe as a consultant to advise on AGT Radio. Mr Mathabe asked me to reconsider investing in Radio Bop rather than starting a new station.

- After negotiations, I declined a minority share and made clear I would only invest if I had control commensurate with my financial commitment. Mr Mathabe then offered 60% which I accepted in principle; subsequent arrangements (including 80/20 proposals) failed because Mr Mathabe could not afford his financial commitments as per respective shareholding.

- Mr Mathabe then offered me 100% of Radio Bop for R16,000,000. During verification at CIPC I discovered the Radio Bop brand and trademark rights Mr Mathabe claimed to own were not legally registered to him. He produced expired and incomplete trademark documentation insisting that all was in order only for him to later admit to not having secured the trademark as he had claimed. CIPC officials confirmed that his representation as to trademark registration was false and warned that such conduct could amount to a serious offence.

- Following Mr. Mathabe’s misrepresentations regarding ownership of the Radio Bop brand—representations made in the presence of CIPC officials—I took affirmative steps to secure the brand myself in reliance on the guidance provided by those officials. I also established a separate legal entity, Radio Bop Africa, and have operated under that entity rather than Mr. Mathabe’s Radio Bop, to preempt any future disputes or claims against his entity and to protect my commercial interests.

- I have never at any time used Mr. Mathabe’s CIPC-registered entity, Radio Bop (Pty) Ltd, contrary to his false assertions. My involvement was limited to a willingness to assist him to avoid total loss, notwithstanding that he did not hold legal title to any assets beyond a nominal One Hundred and Seventy Five Rand Only (R175.00) for company registration fee, which he wanted me to pay Sixteen Million Rand (R16,000,000.00) for.

- Despite this, I initially refrained from taking criminal charges, choosing instead to attempt an amicable partnership and rebuild the brand together. We returned to Mahikeng with an agreement to collaborate.

- Mr Mathabe thereafter brought associates into the project (including Mr Munetsi and others). We recruited broadcasters and staff. Over time it became apparent Mr Mathabe insisted on appointing many people he favoured; their performance was below standard and trust issues emerged.

- Ms Lerato Phoku provided me with a secret recording of a meeting/conversation involving Mr Mathabe, Mrs Mathabe, Mr Munetsi, Mrs Munetsi and herself. The recording disclosed a scheme to harm me and my business. Ms Phoku recorded this conversation covertly (without consent) and supplied it to me.

- The discovery of the recording destroyed trust. Mr Mathabe and Mr Munetsi subsequently left without notice. I was left to deal with internal disciplinary matters. Because the recording was obtained secretly, I proceeded to discipline Ms Phoku for unlawfully recording colleagues contrary to the law of the Republic of South Africa.

- Ms Phoku then lodged a false complaint of harassment against me, applied for a protection order, resigned publicly on social media in a manner intended to damage my reputation, and referred a claim to the CCMA alleging constructive dismissal. The police and courts ultimately found no merit in the harassment claim; Ms Phoku did not attend court until the matter was struck off the roll, and she lost at the CCMA.

- Mr Mathabe (and others) thereafter made and propagated false allegations that I had “robbed” him of his business and otherwise behaved unlawfully. These falsehoods were published on social media and communicated to third parties, causing serious reputational and commercial damage to me and my businesses.

- Among the false accusations and allegations are the following: here is Hector Mathabe deliberately misleading the public after attempting to swiddle R16m from me (https://www.facebook.com/share/1CtPd2JB7n/) and Lerato Phoku (https://iol.co.za/saturday-star/news/2024-02-10-harassed-radio-bop-employee-seeks-justice/) and here is the CCMA case results confirming Lerato Phoku's falsified claims that I constructively dismissed her (https://www.facebook.com/share/1EDzEWrTME/?mibextid=wwXIfr) and Sammy Mashabane (https://capetimes.co.za/saturday-star/news/2024-02-16-high-profile-radio-presenter-shares-his-horror-story-he-experiences-at-radio-bop/)

- I was subsequently forced to let go of persons aligned with Mr. Mathabe from the station mainly because their performance and conduct did not meet the professional standards required. Above all, they refused to respect my authority including following procedures and protocols as required by our company policies and my business plan and directives. It was clear that I was harboring snakes in my house and it was a matter of time before they bit me. I am glad I acted in time just before I got bitten.

- I acknowledge that I did not, at the time, pursue criminal charges in response to the false trademark claim and related unlawful conduct against me, and I never regretted that decision decision because I thought as human being, we do make mistakes especially whenever tempers and emotions are involved. I had hoped that when sanity prevailed, those who wronged me will acknowledge their wrong deeds and do right by me but the opposite happened. Instead, they continued unabated and repetition of their false and defamatory allegations has materially harmed my reputation and ability to conduct business. Accordingly, to protect my rights and interests, I am compelled to pursue all available lawful remedies to secure redress and prevent further injury.

Legal Position and Causes of Action

Based on the foregoing, the conduct of the persons named above gives rise to, without limitation, the following potential claims and offences:

- Defamation (publication of false statements that have injured my reputation);

- Fraud and extortion (false representations about trademark ownership and pressure to pay);

- Perjury and false statements to authorities or tribunals (as applicable);

- Criminal acts including but not limited to theft, misrepresentation and conspiracy to injure;

- Unlawful recording in contravention of applicable law (as relevant to disciplinary processes);

- Claims for damages arising from loss of business opportunities, reputational harm and consequential losses.

Demands (required action)

You are hereby required to do the following, within seven (7) calendar days from receipt/publication of this letter:

1. Immediately and publicly retract, withdraw and remove all false statements, allegations and defamatory publications made by you (and your agents) about me concerning the Radio Bop transaction, my conduct, the trademark claim or any related matter. Retractions and apologies must be published on the same platforms and to the same audiences used to spread the falsehoods (including social media accounts, websites and any other public forums).

2. Publish an unqualified public apology admitting that the relevant statements were false, that they caused me harm, and that you retract them in full. The apology must be prominent and in substantially similar form to the original defamatory publication.

3. Cease and desist from making or publishing any further statements that are defamatory, false or misleading about me or my business dealings.

4. Preserve all evidence and materials relating to the matters complained of, including but not limited to: recordings, WhatsApp messages, emails, documents, invoices, payment records, meeting notes, witness details, CIPC communications, and social media posts. Do not delete, destroy or alter any such evidence.

5. Provide written confirmation, within seven (7) days, that you have complied with the requirements in paragraphs 1–4 above and provide the name and contact details of the person authorized to communicate with my legal representatives.

Notice of Legal Action

If you fail to comply fully with the demands in paragraphs 1–5 within seven (7) calendar days from service/publication of this notice, I will, without further notice:

- Instruct my attorneys to institute civil proceedings for defamation, fraud, extortion, and related causes of action against any or all of you in your personal and/or business capacities;

- Institute criminal complaints with the South African Police Service and any other relevant authorities for alleged offences uncovered by these facts;

- Seek interdicts, preservation orders, damages (including aggravated and punitive damages), costs and any other relief available at law or in equity; and

- Publicize these proceedings and the factual record widely so that the public record reflects the true sequence of events and your role in disseminating falsehoods.

Preservation and Cooperation

You are put on notice to preserve all potentially relevant evidence. Failure to preserve or spoliation of evidence will result in adverse inferences and will be relied upon in legal proceedings. You are also required to make yourselves available for pre-action settlement discussions through legal representatives should you elect to remedy this matter without litigation.

Contact for Legal Correspondence

All responses and proof of compliance must be delivered in writing directly to me:

Closing

This is a serious and final pre-litigation demand. I have been patient and attempted to resolve matters through internal processes; however your false and malicious conduct has inflicted continuing damage to my reputation and commercial prospects. I will take every necessary legal step to vindicate my rights and to obtain full redress.

Govern yourselves accordingly.

Sincerely,

Kealeboga Gift Mogapi

Email: legal@agtgc.com

Cc: Legal Counsels; Prospective Business Partners; Relevant Law Enforcement Agencies; CCMA; Social Media Platforms; Public Record