Mostert and Others v Nash (22939/20) [2021] ZAGPJHC 898 (21 April 2021)

Mostert and Others v Nash (22939/20) [2021] ZAGPJHC 898 (21 April 2021)

The court found that the respondent, Mr Nash, disseminated statements in an email that were both false and defamatory of the applicant, Mr Mostert, in breach of a prior interdict (the Matojane order). The impugned statements included allegations of unlawful fee payments, a secret and questionable agreement with Old Mutual, reckless litigation, and personal vendetta. The court analysed the ordinary meaning and implications of each statement, concluding they were not only untrue but also lowered the applicant's reputation and implied criminal or irregular conduct. The respondent's defences of truth, fair comment, and public interest were rejected, as previous court findings had already...

Citation
[2021] ZAGPJHC 898
Parties
Applicant: Antony Louis Mostert; Applicant: Antony Louis Mostert (in his capacity as curator of the Third Applicant and in his capacity as liquidator of the Fourth Applicant); Applicant: Sable Industries Pension Fund (under curatorship); Applicant: Power Pack Pension Fund (in liquidation); Respondent: Simon John Nash
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 April 2021
Case Number
22939/20
Procedural Posture
Contempt Application / Judgment on Contempt Application
Outcome
The respondent was found in contempt of the Matojane order and sentenced to two months' imprisonment, suspended on condition of future compliance. Costs were awarded against the respondent on an attorney and client scale.
Judges
R.M. Keightley
Legal Topics
Defamation, Contempt of Court, Interdict, Curatorship, Liquidation of Pension Funds
Civil Procedure Delict Defamation Contempt of Court Interdict Curatorship Liquidation of Pension Funds

Case Brief

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Parties

Antony Louis Mostert

Applicant

Antony Louis Mostert (in his capacity as curator of the Third Applicant and in his capacity as liquidator of the Fourth Applicant)

Applicant

Sable Industries Pension Fund (under curatorship)

Applicant

Power Pack Pension Fund (in liquidation)

Applicant

Simon John Nash

Respondent

Procedural Posture

Contempt Application / Judgment on Contempt Application

Legal Issues

  1. 1 Whether the respondent's statements in an email breached a prior interdict prohibiting dissemination of false and defamatory allegations about the applicant.
  2. 2 Whether the impugned statements are false and defamatory of the applicant.
  3. 3 Whether the respondent acted wilfully and mala fide in breaching the court order, justifying a finding of contempt.

Ratio Decidendi

The court found that the respondent, Mr Nash, disseminated statements in an email that were both false and defamatory of the applicant, Mr Mostert, in breach of a prior interdict (the Matojane order). The impugned statements included allegations of unlawful fee payments, a secret and questionable agreement with Old Mutual, reckless litigation, and personal vendetta. The court analysed the ordinary meaning and implications of each statement, concluding they were not only untrue but also lowered the applicant's reputation and implied criminal or irregular conduct. The respondent's defences of truth, fair comment, and public interest were rejected, as previous court findings had already...

Court Disposition

The respondent was found in contempt of the Matojane order and sentenced to two months' imprisonment, suspended on condition of future compliance. Costs were awarded against the respondent on an attorney and client scale.

Orders

  • The respondent is in contempt of the Order of the Honourable Judge Matojane, dated 14 August 2018 under case number 3466/2017.
  • The respondent is committed to a period of imprisonment of 2 months, suspended on condition that the respondent does not disseminate, directly or indirectly, false and defamatory allegations pertaining to the first and second applicants, or in any other manner breach the Matojane J Order.