Lobby group AfriForum is being accused by a Gauteng businessman of influencing the police to arrest him and pressuring court prosecutors to deny him bail.
Francois Swart, who is known as the “holiday swindler”, is demanding a total of R5.5-million from AfriForum for his malicious arrest, damages and defamation.
Swart, also wants to act against the South African Police Service for their involvement in the matter.
Swart has made the damning allegations against AfriForum in a letter of demand sent to the organisation by his lawyers, Tracy Lamox of Tracy Lamox Attorneys on Thursday.
In the letter, which we have seen, Lamox demands AfriForum pay Swart R1-million for his unlawful detention, R500 00 for unlawful arrest, R2-million for malicious prosecution and another R2-million for defamation.
In a letter dated April 3, Lamox accused the organisation of interfering in an investigation involving the failure of his travel company, Priority Escapes (Pty) Limited, to meet its obligations to some of its clients.
Priority Escape arranged a trip to the Maldives, and clients paid a booking fee to visit the country. However, the trip did not go ahead because the business went under liquidation. This meant that all clients were supposed to claim their refunds from the liquidator.
But Lamox said this did not happen, and instead, AfriForum decided to orchestrate his arrest and prosecution.
“My client surmises that you have advised them (clients) not to lay claims with the liquidator but instead to abuse the criminal justice system to seek payment from my client,” the letter reads.
With the help of AfriForum, the clients laid charges of fraud against Swart, who was then arrested. AfriForum’s private prosecution unit represents the complainants in the two cases for which Swart was detained.
However, Lamox believes there were no legal grounds for his arrest.
“As a result of your actions as aforesaid, my client has been arrested on no fewer than three occasions, despite the fact that he has at all times been in contact with the relevant investigating officers in each matter,” according to the letter.
Lamox goes on to accuse AfriForum of placing undue pressure on the investigating officers concerned to effect the arrest of Swart instead of summoning him to court.
“As a so-called civil rights organisation, you should know that arrest should not be resorted to when an accused can be brought to court on a summons. Despite this, you placed undue pressure on the investigating officers concerned to effect the arrest of my client. You were, in fact, so proud of your interference in the conduct of the enquiries that you boasted in a media statement that the arrest of Mr Swart was due to your interference in the matter,” the letter reads.
Lamox reiterated that AfriForum representatives attended court proceedings on each occasion Swart appeared and placed pressure on the prosecution to oppose bail.
“This interference in the proceedings led to bail being denied recently, and my client was forced to spend seven weeks in prison until the denial of bail was overturned on appeal,” she said.
Lamox said as a result she also wants to institute action for damages against the National Prosecuting Authority, the prosecutor, and the magistrate who denied him bail and the complainants for Swart’s unlawful detention.
“My client holds you complicit in his unlawful detention and intends to institute an action for damages against the National Prosecuting Authority, the prosecutor, the magistrate who denied bail, the complainants and yourselves for unlawful detention,” she stated in the letter.
On allegations of defamation, the attorney refers to a press statement issued by AfriForum regarding the case where Swart was called a “holiday swindler and fugitive”, among other names.
“I have instructions to demand payment of damages from you in the sum of R2 000 000 for defamation and will be issuing summons for such a claim in due course. You are furthermore warned to desist from interfering in the conduct of the proceedings against my client. My client’s rights are reserved,” the letter reads.
AfriForum’s Private Prosecution Unit spokesperson Barry Bateman said they have received the letter of demand from Swart’s lawyers.
“Swart’s claims are without merit and does not require a response,” according to Bateman.
Swarts’ lawyer Tracy Lamox told Sunday World that AfriForum has not sent any response since they sent the letter and mentioned the organisation’s tendency of “start out very aggressive and then they disappear.”
She went on berate the Afrikaner groups private prosecution unit.
“Important to note that this organisation is actively interfering in police matters. They have used their private prosecution’s unit as a political tool. It is not a unit which is there to achieve justice for anyone,” Lamox lamented.
