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Daily Maverick
6 days ago
- Business
- Daily Maverick
ARTsolar throws in towel in ‘gagging' case against ‘whistle-blowers' and journalist
The solar panel company had wanted to stop three 'whistle-blowers' and a journalist from reporting that it was importing and not locally manufacturing its solar panels. Solar panel manufacturer ARTsolar has thrown in the towel in its controversial battle against three 'whistle-blowers' and a journalist. The company had successfully gagged them by court order from making or reporting on 'defamatory' allegations that ARTsolar was importing and not locally manufacturing its solar panels. The interim gagging order was granted in March by Durban High Court acting Judge Perlene Bramdhew against businessman Brett Latimer, two former employees of ARTsolar and journalist Bongani Hans. The date to determine whether the order should be confirmed or discharged was set for 29 July. But this week, ARTsolar withdrew the application and tendered to pay the costs of Latimer, Hans and former employees Kandace Singh and Shalendra Hansraj. It also tendered to pay the costs of the Industrial Development Corporation, which entered the legal fray because it had provided R90-million funding to ARTsolar to set up its 'proudly South African' factory in New Germany. The IDC wanted to interview Latimer about his claims. The initial court order specifically barred Latimer from communicating with the IDC. The IDC launched its own urgent court application, successfully arguing that it should have been joined in the proceedings, and that the order was stifling an investigation into the matter on the instruction of Minister of Trade, Industry and Competition Parks Tau. The order was amended to exclude reference to the IDC. The shift in ARTsolar's stance came after it appointed new attorneys last month. Mohamed Mota, partner at Cox Yeats, confirmed the withdrawal. He said his client had no comment 'at this stage'. Media freedom Because the case had implications for freedom of expression, the amaBhungane Centre for Investigative Journalism had applied to be admitted as an amicus curiae. Managing partner Sam Sole said the withdrawal was a 'bittersweet victory'. 'The facts of the case make it clear the order should never have been granted and amaBhungane was looking forward to urging the court to give decisive direction to other presiding officers about the very narrow and limited circumstances which could justify such pre-publication censorship,' he said. 'We had also intended to remind the court that an effective press is a 'public sentinel' and is a conduit for the public's right to receive and impart information, meaning curbs on the media effectively limit the rights of the general public. 'This places a duty on the courts to be exceptionally vigilant in ensuring adherence to the legal safeguards of press freedom, especially where the public have no voice in the proceedings – as in this case, where the media house did not initially come to court.' Sole said there were various reasons that a journalist may fail to effectively oppose such an application, especially an extremely urgent one, such as a lack of timely access to adequate (or any) legal representation. 'We hope the publicity engendered by this case will discourage other parties from running to court and will also encourage presiding officers to exercise due care and caution when faced with similar cases,' Sole said. ARTsolar's urgent application was sparked by Hans sending questions, based on Latimer's allegations, to the company. Latimer, a former client of ARTsolar, alleged that he had been duped into believing that the panels were locally manufactured when they were in fact imported from China. He was backed up by Singh and Hansraj, who previously worked for the company. On the back of the gagging order, Latimer obtained a subpoena against Turners Shipping and, in a supplementary affidavit, he said the shipping documents (bills of lading) showed that the company imported 99% of its panels. Latimer's attorney MS Omar said: 'The interim gagging order was a drastic and draconian violation of my client's fundamental rights of freedom of expression as enshrined in section 16 of the Constitution. The overbroad interim order plainly prohibits permissible statements, based on truth and public interest, and failed to take account of the high threshold for a defamation interdict.' The application will be formally withdrawn in court on 29 July. DM
eNCA
30-06-2025
- eNCA
Four Transnet-corruption accused granted bail
JOHANNESBURG - The four accused in the R5-billion Transnet corruption case have been granted bail. READ: Former Transnet executives arrested Former Transnet executives, Brian Molefe, Siyabonga Gama, Anoj Singh and Thamsanqa Jiyane, have appeared in court on Monday. They face charges linked to a controversial locomotive deal worth more than R90-million. The case was also highlighted in state capture investigations. The four accused were granted R500,000 bail each.
Daily Maverick
22-04-2025
- Business
- Daily Maverick
Whistle-blowers launch constitutional challenge to solar panel firm's gag order in battle over ‘defamatory allegations'
The whistle-blowers argue that their right to freedom of expression has been violated, as amaBhungane applies to join the case. The three 'whistle-blowers' who were recently gagged by solar panel company ARTsolar from making 'defamatory allegations' that it was importing rather than locally manufacturing its solar panels, have challenged the order on constitutional grounds. The AmaBhungane Centre for Investigative Journalism has also applied to join the case. An interim interdict by Durban High Court acting Judge Perlene Bramdhew issued on 26 March barred KwaZulu-Natal businessman and former ARTsolar client Brett Latimer, and former ARTsolar employees Kandace Singh and Shalendra Hansraj, from claiming the company conducts its business unethically and dishonestly. Latimer, Singh and Hansraj contend the order violates their right to freedom of expression, as enshrined in the Constitution, which includes press and other media, 'as well as freedom to receive and impart information and ideas'. In terms of the same order, Independent Media journalist Bongani Hans was also specifically gagged from publishing their allegations. The Industrial Development Corporation (IDC), which provided R90-million funding for ARTsolar's new factory in New Germany, was also mentioned in the interdict as one of the organisations with whom Latimer, Singh and Hansraj were not allowed to communicate. In early April, the IDC launched urgent proceedings against the order, arguing it was hampering its investigation into the allegations. Acting Judge Paul Wallis agreed that the IDC should have been joined in the original proceedings. Wallis ruled that there was 'no absolute right to be protected from being the subject of defamatory allegations' and given the aims and objectives of the IDC, the prohibition was not justified. He amended the order, removing the reference to the IDC. Latimer, Singh and Hansraj have since issued a Rule 16A notice, challenging the constitutionality of the gagging order and opening the door for other interested parties to join the proceedings. (A Rule 16A notice informs the public that a constitutional issue is being raised in a particular court.) The notice, which was issued out of the Durban High Court on 14 April, calls on interested parties to join the proceedings as amicus curiae. AmaBhungane applies to be part of the court case In a letter to lawyers representing all the parties, dated 17 April, attorney Dario Milo has given notice that amaBhungane wants to join the proceedings. Milo, acting for amaBhungane, said that in addition to its journalism, the organisation actively advocates for media freedom and access to information. 'This includes engaging in litigation to challenge laws and practices that undermine the constitutional rights to freedom of expression and access to information. Their many successful legal challenges have helped to shape a legal environment that protects journalists and enables investigative reporting,' he said. Amabhungane, he said, had recently been involved in litigation relating to an attempt to prevent it from reporting on certain business affairs of the Moti Group of companies. In that matter, the interdict granted had been set aside as 'an abuse of process and an unjustifiable prior restraint on media freedom'. Milo said amaBhungane, if admitted as an amicus curiae (friend of the court), would make submissions that orders for prior restraint (gagging orders) constituted one of the most serious infringements on press freedom and were only justified in exceptional cases. They should almost never be granted without affording the journalist concerned a full and fair opportunity to present a defence. The interim order imposed a 'sweeping prohibition' on any defamatory statements or implications about ARTsolar's business practices, regardless of whether they may be justified. 'This is overbroad and deprives the public of information and ideas which may well be in the public interest,' Milo said. Even where a journalist did not oppose an application for prior restraint, a court should not treat the matter as unopposed as the right to freedom of the press consists not only of the freedom of a journalist to speak, but also the freedom of the general public to know. The parties have until 22 April to consent in writing to amaBhungane being admitted as an amicus curiae.
