Cape Town businessman Mark Lifman is set to press ahead with legal action against Randolf Jorberg, founder of the now-closed nightspot Beerhouse on Cape Town’s Long Street, who levelled allegations of extortion against him.
“I am definitely going ahead with the lawsuit, and my lawyer is busy drafting the papers. He has missed the deadline and will have to tell the court when and how much I extorted him,” Lifman, who runs a company that consults and manages arbitration and dispute resolution, told Sunday World on Friday.
“I resigned from the security business in 2011, and since then I have never been in the security business. And I am not an extortionist, Jorberg will have to pay for these defamatory remarks. I have never met or been to this guy’s business. And I only knew about him through social media after his posts,” said Lifman.
Statements disseminated on mass media were defamatory
In a prior legal notice, dated August 28 and issued by Ian Levitt Attorneys, Lifman said Jorberg’s public statements were defamatory. These were disseminated via multiple platforms, including the Carte Blanche TV show episode titled Extortion City. Also on Facebook and the Newzroom Afrika news channel.
The statements in question purportedly implicated Lifman in criminal activities. These include the closure of Beerhouse through illicit means. also association with criminal elements within Cape Town’s nightlife. Furthermore, Jorberg insinuated that Lifman should face charges of extortion and intimidation.
Ian Levitt Attorneys contended in their correspondence that these public statements were defamatory.
“These public statements are without foundation. They have the purpose or effect of reducing the reputation of our client in the eyes of the reasonable viewer and/or reader,” Ian Levitt Attorneys wrote to Jorberg.
“As a result of the defamatory statements made by you, on various social media platforms and in various interviews (as set out above), our client has suffered significant harm to his constitutional and common law rights. Including the right to reputation, dignity, privacy and safety. Our client will continue to suffer this harm while your defamatory publications remain online.”
The law firm then mandated that Jorberg issue a retraction across all social media platforms by September 4, 2024. They provided specific language for the retraction and apology, to mitigate the defamatory effects of the initial statements.
The prescribed text for retraction read: “My statements as they relate to Mark Lifman have been unreservedly retracted due to factual inaccuracies that may have been defamatory to the subject of the statements. I have agreed to this retraction to avoid unnecessary litigation. And as an amicable resolution to the dispute with the subject.”
Ordered to disseminate a retraction
Moreover, Jorberg was required to disseminate the retraction to all media outlets with which he had interacted. And to furnish Lifman with a written personal apology. To acknowledge the inaccuracies and defamatory nature of his statements.
The law firm cautioned Jorberg about potential legal repercussions should he fail to comply with these demands.
In the event of non-compliance, Ian Levitt Attorneys have indicated their intention to seek judicial orders. This pertains to the removal of the defamatory content. The order will seek to obtain a formal declaration of defamation, pursue compensatory damages and punitive costs. And potentially initiate legal action against any third parties who further disseminated the defamatory statements.
The firm further asserted that should litigation ensue, they reserved the right to argue that Jorberg’s actions constituted “animus injuriandi,”. Thereby warranting liability and sanction based on the presented facts, which may be further substantiated in due course.
Seeking pro bono lawyer
Jorberg said on Friday, when the lawyer’s letter reached him, he had no legal representation. “I’m only beginning a search now. That’s the reason why I did not respond to the lawyer’s letter. And I don’t have a lawyer at the moment. I can’t afford a lawyer, so I’m looking for a lawyer to represent me pro bono.”
He said that Lifman “could afford incredibly aggressive and tough lawyers, that go for everything they can. Trying to hurt the opponent in every way possible and hurt them, which has been going on for 20 years”.
“Mr Lifman is very happy to send his lawyers most aggressively after anyone speaks about him. And he does not seem to shy away from other ways to intimidate the opponent.”
He said Lifman was trying to clean up his case so much, but certain facts could not be denied.
“I intend to speak out as long as I can. And I already lost my business, so what more is there to lose? I will only finish when Mr. Lifman is behind bars.”
He did not reply to the question of whether he had opened any criminal case against Lifman that could be followed up with the police.
