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2023
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[2023] ZAGPJHC 1264
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Barloworld Equipment Southern Africa, A Division of South Africa (Pty) Ltd v Fisokuhle Multi Services CC (2023-031755) [2023] ZAGPJHC 1264 (31 October 2023)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO: 2023-031755
REPORTABLE
OF INTEREST TO OTHER
JUDGES
REVISED
In the matter between:
BARLOWORLD
EQUIPMENT SOUTHERN AFRICA
A
DIVISION OF SOUTH AFRICA (PTY) LTD
APPLICANT
And
FISOKUHLE
MULTI SERVICES CC
RESPONDENT
JUDGMENT
WRIGHT J
The
applicant, Barloworld and the first respondent Close Corporation
have or had an agreement under which the first respondent
supplied
catering to Barloworld. Ms Buthelezi, the second respondent is the
moving force behind the CC.
The
catering contract was apparently purportedly terminated by
Barloworld.
In
October 2022, Barloworld launched an urgent application against the
CC and Ms Buthelezi. On 26 October 2022, this court granted
an order
that pending Part B of that application, the CC and Ms Buthelezi are
restrained from “
posting
any information pertaining to the applicant and/or its employees on
Facebook, Linkedin or any other social media”
The order was served
only on 11 November 2022.
On 10
November 2022, the day before service of the order, a journalist
from City Press emailed the applicant with a detailed query
regarding alleged racism by Barloworld.
On 21
November 2022, an article appeared in the City Press referring to
the allegations of racism.
Neither
Mr Hulley SC, nor Mr Nkosi, for Barloworld, could explain why it
took their client 15 calendar days to serve the order.
The question
arises, why did it take the applicant so long to serve an order that
had been sought urgently? It would appear that
what motivated the
service of the order on 11 November 2022 was the query received by
Barloworld on 10 November. The sheriff
served the order, if in fact
the order was served properly, and I make no finding thereon, on 11
November 2023 at 6:20am and
charged an after-hours fee for doing so.
It is in my view, unlikely to be co-incidence that this urgent
service occurred the
morning after the City Press query to
Barloworld. But if I am wrong it does not matter. In the absence of
an explanation, 15
days is a long time to serve an order obtained
urgently. There is no explanation.
In
any event, the article that actually was published by City Press on
21 November 2022 was met with no reaction by Barloworld,
either to
City Press or the present respondents.
Barloworld now seeks
urgently that the respondents be held in contempt of the order of 26
October 2022.
The allegation is that
Ms Buthelezi recently caused the publication of certain defamatory
material on two social media platforms,
namely Truth Panther and Not
In My Name International.
The
defamatory material includes allegations that one or more Barloworld
employees referred to black people as “baboons”
and
‘’pussies.”
The
applicant alleges that Ms Buthelezi has enlisted the assistance of
these social media to spread defamation about the applicant
in
contempt of the court order.
It is
to be noted that the respondents were not interdicted against
complaining to any person about the applicant, but I make
no finding
thereon.
Part
B of the October 2022 application pending is pending.
In my view, the
application is not urgent.
ORDER
1. Struck off with costs.
GC Wright
Judge of the High
Court
Gauteng Division,
Johannesburg
HEARD
: 31 October 2023
DELIVERED
: 31 October 2023
APPEARANCES
:
APPLICANTS
Adv
G Hulley SC
gihulley@law.co.za
082 442
8291
Adv
LT Nkosi
nkosi@rivonaiadvocates.co.za
076 513
1271
Instructed
by
NSD
Inc
francois@nsdinc.co.za
/
gloria@nsdinc.co.za
073 938
5003
RESPONDENT
Adv
K Masupye
Instructed
by
Lindy
Matlala Attorneys
law@ramaiselamakgale.co.za
012 055
5630 / 065 871 8706