Mostert and Others v Nash and Others (34664/2017) [2018] ZAGPJHC 511; [2018] 4 All SA 267 (GJ) (14 August 2018)

Mostert and Others v Nash and Others (34664/2017) [2018] ZAGPJHC 511; [2018] 4 All SA 267 (GJ) (14 August 2018)

The court found that Nash and the other respondents engaged in a deliberate campaign of defamation against Mostert and the applicants, including the publication of false and malicious allegations of corruption, fraud, and other criminal conduct. The evidence showed that these statements were unsubstantiated, made with malice, and intended to harm Mostert's reputation and disrupt the administration of pension funds. The court held that while freedom of expression is a fundamental right, it does not justify the continued publication of defamatory material that is untrue and not in the public interest. The right to dignity and reputation, protected by the law of defamation and the...

Citation
[2018] ZAGPJHC 511
Parties
Applicant: Antony Louis Mostert; Applicant: Antony Louis Mostert N.O.; Applicant: Sable Industries Pension Fund (under curatorship); Applicant: Power Pack Pension Fund (in liquidation); Respondent: Simon John Nash; Respondent: Elena Forno-Nash; Respondent: Lance Rothschild; Respondent: Midmacor Industries Limited; Respondent: Cadac Pension Fund (under curatorship); Respondent: Johan Esterhuizen NO; Respondent: Antony Louis Mostert NO (joint curator of the Fifth Respondent); Respondent: Financial Services Board
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 August 2018
Case Number
34664/2017
Procedural Posture
Urgent Application / Final Judgment on Urgent Application for Interdict and Related Relief
Outcome
Application granted. Interdict and related relief issued in favour of the applicants.
Judges
Matojane
Legal Topics
Defamation, Interdict, Freedom of Expression, Pension Fund Surplus Removal, Curatorship, Constitutional Right to Dignity
Civil Procedure Delict Commercial and Corporate Defamation Interdict Freedom of Expression Pension Fund Surplus Removal Curatorship +1 more

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Parties

Antony Louis Mostert

Applicant

Antony Louis Mostert N.O.

Applicant

Sable Industries Pension Fund (under curatorship)

Applicant

Power Pack Pension Fund (in liquidation)

Applicant

Simon John Nash

Respondent

Elena Forno-Nash

Respondent

Lance Rothschild

Respondent

Midmacor Industries Limited

Respondent

Cadac Pension Fund (under curatorship)

Respondent

Johan Esterhuizen NO

Respondent

Antony Louis Mostert NO (joint curator of the Fifth Respondent)

Respondent

Financial Services Board

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application for Interdict and Related Relief

Legal Issues

  1. 1 Whether Nash and other respondents unlawfully defamed Mostert and associated applicants.
  2. 2 Whether the right to freedom of expression justifies the continued publication of defamatory statements about Mostert.
  3. 3 Whether the applicants are entitled to an interdict restraining further defamatory publications and closure of related websites.

Ratio Decidendi

The court found that Nash and the other respondents engaged in a deliberate campaign of defamation against Mostert and the applicants, including the publication of false and malicious allegations of corruption, fraud, and other criminal conduct. The evidence showed that these statements were unsubstantiated, made with malice, and intended to harm Mostert's reputation and disrupt the administration of pension funds. The court held that while freedom of expression is a fundamental right, it does not justify the continued publication of defamatory material that is untrue and not in the public interest. The right to dignity and reputation, protected by the law of defamation and the...

Court Disposition

Application granted. Interdict and related relief issued in favour of the applicants.

Orders

  • First to third respondents, and entities in which they hold interest, are interdicted from disseminating, directly or indirectly, false and defamatory allegations pertaining to the first and second applicants and their associates.
  • Respondents are directed to cause the website http://pensionscam.co.za and any other website established by them referring to Mostert or his associates to be closed down within 24 hours, failing which the Sheriff is authorised to do so.