Latest news with #DurbanHighCourt
IOL News
4 hours ago
- Business
- IOL News
Court victory for media freedom: Artsolar's gag order on Independent Media lifted
Oxford supermarkets managing director, Brett Latimer, who complained about Artsolar allegedly misrepresenting itself by claiming to have sold him locally manufactured solar panels whereas they were allegedly imported from China. Image: Bongani Hans IT is a victory for media freedom following the withdrawal of an interdict, which a Durban company that earned R90 million in government funding through allegedly falsely claiming to manufacture solar panels, had obtained against whistle-blowers. Artsolar had, earlier this year, obtained an interdict against the Independent Media Group at the Durban High Court, which, as a result, could not report on the matter. After Artsolar obtained the interdict, other media houses, such as Ground Up, which were not gagged, reported extensively about the details of the misrepresentation and gagging of the media. The court officially withdrew the interdict against Independent Media and Oxford Supermarkets, which was a whistle-blower in the matter, on Tuesday, following Artsolar informing the court that it was no longer proceeding with it. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Artsolar incurred legal costs 'on party and party scale C'. The company obtained the interim interdict in March at the same court, with Independent Media being informed about the hearing of the application at the last hour. When asked if Independent Media can now freely write about the allegations that Artsolar imported the panels from China without fear of legal reprisal, its lawyer, Advocate Carina Jacob, said 'Yes'. Artsolar's contract manager, Yaadhna Harilal, said the interdict was to prevent the publication of defamatory allegations arising from a private commercial dispute. Harilal said Artsolar withdrew the interdict as it had already entered the public domain, 'and little purpose remained in pursuing the matter'. 'The broader context meant the matter no longer aligned with our original legal objectives, and continued litigation would not advance the company's strategic interest or benefit our stakeholders. 'We are engaging directly with the relevant parties, and any substantive regulatory queries will be addressed with the appropriate authorities through the proper channels,' said Harilal. She could say whether the company was continuing to import solar panels. Independent Media and the Amabhungane Centre for Investigative Journalism, which joined the matter as a friend of the court for media freedom, had come down heavily against the interdict. 'On a collective basis, it is a good thing because journalists stuck up for a journalist when you were let down. 'It shows that the industry (media) is a force to be reckoned with, and you will continue to do it,' said Jacob. Oxford was prohibited from disclosing details about the importation of solar panels. It had raised the matter with various organisations, including the Industrial Development Corporation (IDC), which was also prevented from investigating the allegations. Artsolar, which operates a factory at the New Germany Industrial Park outside Pinetown, had claimed to be a 100% manufacturer of solar panels. However, it emerged that Artsolar had misled its potential clients and IDC, which had invested R90 million in the company on the basis that it was 100% proudly South African manufacturer. Oxford's managing director, Brett Latimer, had purchased the panel to install on the rooftops of his shopping centre in Hillcrest. On the completion of the installation, Latimer discovered empty boxes of the panels, which indicated that the panels had been produced by Chinese Einnova Solarline Energy Corporation Limited. Artsolar ordered the panels, which were shipped to the country via the Durban Port. Artsolar's former employees, Kandace Singh and Shalendra Hansraj, who had since gained employment with Oxford, backed Latimer's finding with more evidence. Latimer filed complaints against Artsolar with the IDC and also laid a criminal charge at the Hilcrest police station. He also complained to the Department of Trade, Industry and Competition (DTIC), the International Trade Administration Commission of SA (ITAC), Proudly South African, and the Independent Power Producer Office (IPPO). Latimer later alerted this Independent Media reporter to expose what he viewed as corruption. However, as Independent Media was working on the story after completing its investigation, Artsolar rushed to court to obtain an interdict against the story. Singh, Hansraj, and Latimer were gagged from talking about the matter, which Artsolar considered defamatory. This forced Independent Media to abandon this story while its lawyers were in the process of overturning the interdict. Jacob said that by taking the matter to the court, Artsolar shot itself in the foot because it attracted the attention of other media houses. She said the gagging of the media and Oxford seemed to have been used to prevent the IDC from investigating the matter. 'They used an order to stop a journalist for an ulterior purpose, and that's what we said in the affidavit that they used you to stop an investigation, because the reality is they knew that if they brought an interdict against that (IDC investigation), no one could get it,' said Jacobs. Oxford's lawyer, Mahomed Shoaib Omar, said the case against Artsolar was strengthened by his clients' successful subpoena of a Durban Port's clearing agency to produce bills of lading. 'The bill of lading disclosed that 99% of the solar panels were imported from China and not locally manufactured,' said Omar. Omar said IDC's forensic auditor, Charl Naude, had completed the forensic investigation, which was now being reviewed by the IDC. 'When the IDC joined the court process as the respondent, the court granted an order, and then the forensic auditor interviewed Latimer, Singh, and Hansraj and obtained the relevant information. 'The current situation is that the IDC, based on the internal forensic report, will have to consider what to do in this matter,' said Omar. Omar said the withdrawal of the interdict meant that Oxford has been vindicated. 'Artsolar represented that the solar panels that were sold to Oxford were manufactured at the Artsolar factory, whereas they were imported from China, and this is substantiated by the bills of lading that were produced,' said Omar. He said Oxford could now proceed to lodge a civil action by bringing forward a summons to set aside the R5 million panel purchase transactions. 'The DTIC also advanced R28 million to Artsolar, which is separate from R90 million that the IDC had advanced,' said Omar. When contacted for comment, IDC corporate affairs head Tshepo Ramodibe said Artsolar's withdrawal of the interdict against his entity cleared the way for it to proceed with its investigation into the allegations. 'In line with policy, the IDC does not publicly disclose investigation outcomes. Any decisions regarding funding will be guided by governance protocols once the investigation is concluded,' said Ramodibe. The DTIC has not responded to confirm the R28 million, which Omar said was advanced to Artsolar.
IOL News
5 days ago
- IOL News
Trial of alleged Durban hitman delayed due to absent lawyer
The trial of two hitmen has had a setback as lawyer Sthembiso Nkatha fails to come to court Image: FILE Concerns as a trial of alleged hitmen charged with 15 murders faces delays due to a lawyer who also acts as a Magistrate has been a no-show at the Durban High Court. The lawyer has 'failed' to formally excuse himself from the case. The murders include the mass shooting at Durban's iNanda, which resulted in the death of six people. The said lawyer, Sthembiso Nkatha, represents Sbonelo 'Madanon' Wiseman Shangase. Shangase is charged alongside Thalente Mkhize. They together face 28 charges, including the 15 murders, robberies, attempted murders, possession of firearms and ammunition, and kidnapping. Their trial was scheduled to run from July 21 to August 22; however, on Monday, the matter could not commence as Nkatha was not present. Additionally, last year, the pre-trial of the men faced delays due to Shangase's payment issues with Nkatha. However, despite all of that, Nkatha committed to Judge Bruce Bedderson that he would continue representing Shangase after he was assured of payment. Judge Bedderson warned Nkatha that by agreeing to continue representing his client, 'he was handcuffed to the train and wouldn't be able to jump off.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Moreover, last year, when Shangase had failed to pay Nkatha, the court had warned him that he would represent himself. On Monday, he applied for legal Aid as Nkatha was a no-show. On Thursday, Shangase made a brief appearance at the high court before Judge Jacqueline Henriques, who asked him if Nkatha had contacted him regarding funds. 'Is there a possibility that he may have contacted members of your family?' she asked. Shangase seemed to be in the dark. Judge Henriques asked him if any of his family members were present in court. Shangase turned back to look at the gallery and responded by telling the Judge that no one was there. She asked Shangase if he had consulted with Nkatha before July 21, and he said no. Judge Henriques, who looked concerned and kept on brushing her hair with her hand and seemed frustrated, asked again when Shangase had a consultation with Nkatha. Shangase said it was before the end of 2024. Additionally, it had been said that Nkatha withdrew his services due to non-payment; however, the State senior prosecutor, advocate Krishen Shah, told Judge Henriques that he had not received an email from Nkatha stating that. He said in the past weeks he had emailed Nkatha and advocate Phumelele Daniso from Legal Aid additional statements, and it was delivered to both of them. Daniso is representing Mkhize. 'There was no response from Nkatha,' he said. Shah confirmed to Judge Henriques that Nkatha acts as a magistrate. Judge Henriques asked Shah to forward her the email he had sent to Nkatha and delivery receipts. He adjourned the matter to Monday for Shangase's legal representation issue.
IOL News
6 days ago
- IOL News
Witness claims Phoenix tavern owner sought to frame him in July unrest trial
In an ongoing 2021 July unrest trial, a State witness has told the court that one of the accused wanted to frame him for incitement of public violence. Image: Nomonde Zondi A State witness in the 2021 July unrest trial involving men from Phoenix has told the Durban High Court on Friday that people advised him to leave Phoenix because Tees Tavern owner, Trevor Gopal, wanted to implicate him in the murder and inciting public violence cases in Phoenix. Gopal is on trial with Ravine Naidoo, Tyreece Govender, and Timothy Govender for murder, two counts of attempted murder, malicious damage to property, and public violence. Additionally, Gopal is charged with incitement to commit public violence. The State is alleging that Gopal incited his security guards and members of the public to commit acts of public violence against black Africans visiting Phoenix during the unrest. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Anard Chetty, a State witness, told the court that the people in the community, including Naidoo's wife, told him to leave Phoenix as Gopal wanted him to take the fall for him. 'Do you have names of these people who told you this?' advocate Jimmy Howse SC, representing Gopal, asked. Chetty said it was word on the street, adding that people who told him are those who used to take care of his well-being as he was sleeping at Tees Tavern. He later mentioned that Naidoo's wife was among those people. However, after a long break, Howse told Chetty that Naidoo's wife was called, and she had denied that she told him to leave Phoenix. Howse said there was no evidence against Gopal until Chetty implicated him. 'I can't say I am the only one implicating accused two (Gopal),' Chetty responded. Howse told him that the witness statements of the victims, who were allegedly assaulted by the accused, claim there was an informal roadblock in Phoenix before reaching the Tees Tavern. He said the victims drove straight through it, and a person standing there was hit by the taxi's mirror. He said the cars that Chetty had claimed earlier this week were called by Gopal after a scuffle had broken out in his tavern while the victims were there, and came from that roadblock. Chetty disagreed with him. 'Those were Tees men,' he said. As Howse backed Chetty into a corner about inconsistencies in his witness statements and his evidence-in-chief, Chetty asked him not to put him under pressure. 'Do not put me under pressure. Why should I be under pressure for something I had no hand in? I'm not the criminal here, nor am I somebody running illegal activities,' Chetty said. Judge Mluleki Chithi patiently calmed Chetty down and told him to answer the questions. However, Chetty told Judge Chithi that Howse was playing tricks on him. As the cross-examination continued, Judge Chithi had to warn Chetty not to be disrespectful and to learn to answer questions that were asked. As Chetty got agitated by Howse, he would consistently tell him to stop playing tricks on him and ask him a lot of questions at the same time. During the commission of the offences, Njabulo Allen Dlamini was assaulted, hit with a rock and a hammer on the head. He later died at the Mahatma Gandhi Memorial Hospital from blunt force head injuries. Nkosikhona Madlala and Sandile Colin Sambo survived after they were also allegedly assaulted and had fuel poured on them while pallets were placed on top of them. All the accused are out on bail. The trial would continue on Monday.
IOL News
6 days ago
- IOL News
Defence argues State witness fabricated evidence in Phoenix unrest trial
The defence in an ongoing July unrest case involving four men has claimed that a State witness is giving false evidence to the court. Image: File The defence in a trial of four men accused of inciting violence in Phoenix during the July 2021 civil unrest has told a State witness that the evidence he has given to the Durban High Court and the police is false. This was put to Anard Chetty, a State witness, on Friday morning at the Durban High Court. Chetty had told the court earlier this week that on the night of July 11, 2021, he saw and heard the owner of Tees tavern, Trevor Gopal, inciting violence on black Africans, by saying 'We must put the heat on 'darkie ous' must be put before they put it on them.' Gopal is the second accused in this matter, charged with incitement to commit public violence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading On other charges, murder, two counts of attempted murder, malicious damage to property, and public violence, he is charged with Ravine Naidoo, Tyreece Govender, and Timothy Govender. During the cross-examination by Gopal's counsel, Advocate Jimmy Howse SC, he referred Chetty to his three witness statements that he had made to the police. In the three statements, he asked Chetty why he never mentioned that Gopal had first uttered that the heat on 'darkie ous' must be put before they put it on them on July 11. He said even the charge of inciting violence is dated July 12. 'I have made it clear to the police and prosecution that these words were uttered on 11 July and on 12 July,' Chetty said. When Howse first asked him about this, based on the first statement he made on August 22, 2021, he said he did not go into detail when he made it. 'I outlined the gist of what happened. Because I felt that if I were to spill the beans, I was going to need protection. I wanted the police to know the basis of what happened,' Chetty said. He also said that after he made his statements, he did not read them word for word but browsed. When Howse asked him why he did not correct his statement regarding the dates, he said he made it clear to the police and the prosecution that the words were uttered on July 11 and 12. 'The strangest thing is that in all the witness statements, you mention July 12, and in your evidence-in-chief, you mention July 11 and do not mention July 12. Why is that?' Howse asked. Chetty said Gopal uttered the words on July 11, and on July 12, he repeated them before the victims, Njabulo Allen Dlamini, Nkosikhona Madlala, and Sandile Colin Sambo were assaulted and their taxi was burnt. 'If I never said it accordingly, I made a mistake; it's human error,' he said. However, Howse pointed out the inconsistencies and said Chetty's evidence was false. 'That is the defence point of view. You can say what you like, Sir. I was present, I never heard from anybody,' Chetty said. This week, the court learned that the three victims had come with two other people, a female and a male, and they all arrived in a taxi at Tees Tavern. According to Chetty, the victims had come to buy alcohol as Gopal sold it illegally, as there were Covid-19 lockdown restrictions. Chetty told the court that Dlamini was hit in the head by Tyreece with a big rock, and Timothy beat him with a hammer on the head. The State alleges that Dlamini later died in hospital as a result of blunt force head injuries. Sambo and Madlala survived. The trial continues.
IOL News
24-07-2025
- IOL News
Witness claims Durban tavern owner ordered the burning of victims during July unrest
Tavern owner is alleged to have incited July unrest violence in Phoenix, in Durban. Image: File A State witness has told the Durban High Court that a Tees tavern owner in Phoenix gave the instruction that black Africans be burned with their taxi alive during the 2021 July unrest. The tavern owner, Trevor Gopal, is on trial with Ravine Naidoo, Tyreece Govender, and Timothy Govender. They are charged with the murder of Njabulo Allen Dlamini, the attempted murders of Nkosikhona Madlala and Sandile Colin Sambo. They are also charged with malicious damage to property and public violence. Gopal further faces the charge of incitement to commit public violence. While leading his evidence in chief, Anard Chetty told the court that on July 12, 2021, after the black African victims had been assaulted and Gopal and his brother had set their taxi alight. He said Gopal stated the victims must be brought next to their taxi. 'Burn them with a taxi,' Chetty said. He said the victims had come with a female and another male to make a purchase at Tees Tavern. He said the tavern sold alcohol illegally, as there were Covid-19 lockdown restrictions. Chetty also claimed that drugs are sold in the tavern, and he assisted those who did not want to be seen, by purchasing the drugs for them. However, he said this was not allowed. He said the victims had gone there to buy, but within minutes, they came back running. Chetty said the taxi of the victims, which was written Touch Africa, was blocked by Gopal's brother. He said more cars appeared. After that, he said one male and the female were able to escape and hide in a container operated by Nigerian nationals at the back of the tavern, while the others were assaulted by the crowds, taking instructions from Gopal. Chetty stated that Naidoo was part of those assaulting victims. 'The second accused (Gopal) took out a white cloth from his pocket and stuffed it in a petrol tank of the taxi,' he explained. Chetty said Gopal's brother took a container from him that had petrol and sprinkled it inside the taxi. He said the brothers both tried to burn the taxi, but it did not immediately burn. 'During that occurrence, we were told as a crowd to move away from the taxi because it was going to blow up. He (Gopal) told us not to film. The taxi did burn, but only the tires started, and it eventually went out,' Chetty added. During the incident, Chetty said he asked Naidoo what he was doing there, but he told him that he was there to "support his brah, Tee". Chetty said that at one stage, Gopal moved and was shouting instructions inside his tavern. He said as Gopal gave instructions, the guys were bringing pallets. Chetty said pallets were put on top of the victims, and some other guy who he did not know poured a bit of petrol and lit the matches. 'I think he tried about three times to light the pallets. For the third time, as he was trying to light the matches, a police van was approaching. That's when the crowd screamed, saying police, they moved away,' Chetty explained, crying. Chetty described the layout of the tavern and said the tavern is on the top floor. On the lower floor, there is a supermarket, a shop, and a dental surgery. Chetty also explained to the court that he currently resides in the same building after he lost everything during the pandemic. Chetty got emotional constantly, and every time Judge Mluleki Chithi asked him if he needed a minute to calm down and drink water. Chetty responded that he has waited three years to tell the court what happened. He'd wipe his tears and continue answering questions of State prosecutor advocate Thabani Buthelezi, who is leading him in his testimony. The accused, who are out on bail, constantly took notes during court proceedings, and at times laughed at Chetty's testimony. [email protected]
