The lawyer representing the disgruntled members of the Municipal Employment Pension Fund (MEPF) has been ordered to stop making defamatory and injurious statements against the fund and its administrators, Akani Retirement Fund Administrators.
The Johannesburg High Court granted Akani and MEPF an interdict against Phumudzo Ndou and Ndou Attorneys on Wednesday.
In the judgment Sunday World has seen, acting judge Ettian Raubenheimer ruled that Ndou and his law firm should cease and desist from making any disparaging and defamatory remarks about Akani and the MEPF, including calling the company and the fund “thugs, criminals, rogue entities and corrupt”.
Akani, owned by businessman Zamani Letjane, and the MEPF had approached the court to interdict Ndou and his law firm in their tracks for being hell-bent on slandering the pension fund administrators and its fund.
“The applicants are granted condonation for non-compliance with the uniform rules of court relating to forms, service and time periods, and it is directed that this application be enrolled and heard on an urgent basis under rule 612. Pending the final determination of action proceedings to be launched by the applicants against the respondents within 30 days of this order, the respondents are interdicted from making, publishing, encouraging, repeating or facilitating the publication of or making any defamatory and/or injurious statements as made by the respondents in the eNCA,” reads the judgment.
The order also stated that Ndou and his company should stop canvassing any work from members of the MEPF and also publish a notice on their social media that the order has been granted.
Ndou and his company were ordered to pay the costs of the application, including the costs of the two counsels.
A day after the order was granted, Ndou Attorneys wrote a letter to Raubenheimer on June 12, requesting written reasons for the order that he had granted.
“We believe that a formal understanding of the basis of Your Lordship’s decision will assist in determining how best to proceed in this matter, including whether to comply, review, or appeal the decision. We would be grateful if Your Lordship could provide the reasons at your earliest convenience or indicate when they might be expected,” said Ndou Attorneys in the letter.
On Friday, MEPF chairperson of the board of trustees Peter Modike stated that it welcomed the court order, stating that the order had emphasised that Ndou’s communications were sensationalist, dramatic and likely to mislead MEPF members.
“The judge noted that the alleged misconduct on the part of MEPF, Akani, or its leadership had no factual basis, and that the dissemination of such misinformation was harmful and unjustified. The board of trustees of the MEPF views this judgment as a clear vindication of the integrity of the fund, its administrator, and its leadership,” said Modike.
