DIAMOND mining giant Namdeb has approached the Windhoek High Court to interdict the Landless People’s Movement and its leaders from publishing “defamatory” statements about its directors, managers and staff on social media.
The urgent application was filed on Wednesday, and was
to be heard on Thursday, but was postponed to next Wednesday to give the parties a chance to file additional papers.
Namdeb cited the LPM and its leader Bernardus Swartbooi, his deputy Henny Seibeb, Sade Gawanas, Melody Swartbooi and Easter Isaak as respondents in the matter. They indicated through their lawyer Henry Shimutwikeni that they will defend the action.
Namdeb claims the respondents are spreading false, untrue and defamatory statements against them, and wants the court to interdict them from doing so. According to court documents, the mine wants the court to interdict the LPM, its members and/or its supporters – whether orally or in written form or in any manner whatsoever from making or publishing, posting and/or distributing untrue and defamatory statements concerning the applicant and/or any of the applicant’s directors, senior management or employees insinuating that they have committed or are guilty of criminality or crimes including theft, fraud, corruption, and including statements that the applicant’s senior management cannot be trusted, are involved in illegal mining activities, are guilty of nepotism, wasting state resources, tax evasion, bribery and mafia-style leadership and tactics. They further want the court to order the respondents to remove from or cause to be removed from Facebook and/or any other social media platforms, or wherever so published, all references and/or statements concerning the applicant and/or any of its directors, senior management or employees. The mine further wants the court to award them costs on the scale of one instructing and one instructed counsel.
In an affidavit filed by Dirk Burger, the CEO of Namdeb, he said the mine operates in a highly-regulated environment, and the diamond industry is an extremely sensitive industry. The buyers of diamonds, he said, are particularly concerned about governance issues within the industry and thus far, they have maintained an unblemished record in terms of its practices in the extraction of diamonds and the sale thereof to the market. This, he said, stands to be ruined if spreading unsubstantiated statements by the respondents is allowedto continue.
“Where unfounded and untrue allegations are made suggesting that the applicant and its senior management are guilty of criminality in whatever form, this does not only impact upon the applicant’s reputation nationally and that of its shareholders - both the Namibian government and De Beers – but also, internationally where doubt could be cast over the reputation of the applicant which could negatively affect potential buyers' perceptions of the applicant and ultimately lead to reputational damages, Burger maintained. He went on to say where allegations are unfounded and false – as is in this case – the potential damage is manifest.
Swartbooi filed an affidavit in which he defends the allegations. He, says the court orders sought are incompetent, as there exists no evidence that LPM or any of its members made or will make these statements which makes an interdict useless.
Namdeb should, if it feels someone has defamed them, pursue a claim of damages. Should they pursue this action, Swartbooi stated, he will defend it with everything he has.