COMBINED SUMMONS

IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG LOCAL DIVISION, JOHANNESBURG)

CASE NO:

In the matter between: -

CARL GERHARDUS NIEHAUS - Plaintiff

and

FIKILE MBALULA - Defendant

COMBINED SUMMONS

To: The Sheriff, or his Deputy: -

INFORM The Defendant is FIKILE MBALULA, an adult male person currently employed as the Minister of Transport at 123 Francis Baard Street, PRETORIA.

(hereinafter called “the Defendant”).

THAT The Plaintiff is CARL GERHARDUS NIEHAUS, adult male person and currently a member of the African National Congress (“ANC”) my employment address is 54 Pixley Ka Isaka Seme Street, JOHANNESBURG.

(hereinafter called “the Plaintiff”)

hereinafter institutes action against the Defendant in which action the Plaintiff claims the relief and, on the grounds, set forth in the Particulars of Claim.

INFORM the Defendant further that if the Defendant disputes the claims and wishes to defend the action, the Defendant shall:

i. within 10 (Ten) days of the services upon the Defendant of this Summons file with the Registrar of this Court, ROOM 008, HIGH COURT BUILDING, VON BRANDIS SQUARE AND PRICHARD STREET, JOHANNSEBURG, notice of the Defendant’s intention to defend and serve a copy thereof on the Plaintiff’s Attorneys, which notice shall give an address (not being a post office or poste restante) referred to in Rule 19(3) for the service upon the Defendant of all notice and documents in the action;

ii. thereafter, and within 20 (Twenty) days’ notice after filing and serving notice of intention to defend as aforesaid, file with the Registrar and serve upon Plaintiff a plea, exception, notice to strike out, with or without a counterclaim.

INFORM the Defendant further that if she fails to file and serve notice as aforesaid judgment as claimed may be given against her without further notice to herself, or if, having filed and serve such notice, she fails to plead, except, make application to strike out or counterclaim, judgment may be given against her.

AND IMMEDIATELY THEREAFTER serve on the Defendant a copy of the Summons together with the particulars of claim annexed hereto, and return the same to the Registrar with whatsoever you have done thereupon.

Dated at Johannesburg on this the 11th day of January 2021.

DENGA INCORPORATED

Plaintiff’s Attorneys 85 Main Street Nedbank Building

7th Floor JOHANNESBURG, GAUTENG TEL: 011 492 0037/68/54

Ref: A Denga

TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO: FIKILE MABALULA

The Respondent

123 Francis Baard Street PRETORIA.

PARTICULARS OF CLAIM

1. The Plaintiff is CARL GERHARDUS NIEHAUS, adult male person and currently a member of the African National Congress (“ANC”) my employment address is 54 Pixley Ka Isaka Seme Street, Johannesburg, who has occupied the following positions: -

1.1. Joined the African National Congress (ANC) in 1979.

2.1. A member of the ANC’s Negotiating Commission in 1991.

2.2. The Provincial Executive Council (PEC) of the ANC in the PWV region, which is currently known as the Gauteng Province.

2.3. Director of the National Media Liaison Unit, and Spokesperson of the former President Nelson Mandela, and National Spokesperson of the ANC in1991.

2.4. Chairperson of the ANC’s Commission for Religious Affairs in 1993.

2.5. Member of Parliament in the National Assembly in 1994.

2.6. Previously served as South African Ambassador to The Netherlands, in 1997.

2.7. A partner of Deloitte (jointly in South Africa and The Netherlands) in 2001

2.8. Currently a member of the National Executive Committee of MKMVA, and the National Spokesperson of MKMVA..

2. The Defendant is FIKILE MBALULA, an adult male person currently employed as the Minister of Transport at 123 Francis Baard Street, Pretoria.

3. The above honourable court has jurisdiction to hear the matter since the cause of action arouse within the jurisdiction of this honourable court.

4. On or around 12 October 2020, the Defendant published the statements on his official Twitter account stating that:

“I have great admiration for umkhondo we sizwe great admiration what kebby and niehaus are doing in its name will come to an end on day, I have less respect for thugs masquerading as mk Period! I rest my case. Ong’funayo makeze ndikhona”;

“Carl Niehaus is a well-known thug employed by Magashule at luthuli house”;

“suspected criminals Kebby and Carl Niehaus”; and “Those thugs calling themselves MK”.

Copies of the statements are attached and marked as annexure “A”.

6. The said statements on the Defendant Twitter account are defamatory to the Plaintiff, such statements were broadcasted on various broadcasting platforms, among others Newsroom Africa TV.

7. The allegations contained in the statements in as far as they are directed to the Plaintiff, are false and misleading. The Defendant is aware that the statement that the Plaintiff is a “thug” is untrue and false.

8. The Defendant made the impugned statement unlawfully and with the intention to injure the Plaintiff’s reputation and defames the Plaintiff.

9. The statement is wrongful and defamatory per se of the Plaintiff and made with the intention of defaming the Plaintiff and injuring his reputation.

10. The tweets statements by the Defendant as set out above carries the following implied meaning in relation to the Plaintiff:

(i) the Plaintiff is a thug;

(ii) the Plaintiff is engaging in criminal conduct;

(iii) the Plaintiff is corrupt;

(iv) the Plaintiff is promoting corruption;

(v) the Plaintiff promotes and/or practices and/or engages in false and/or misleading and/or dishonest and/or disreputable crimes,

11. As a result of the Defendant’ defamatory statements:

11.1. the Plaintiff has been injured in his reputation; and

11.2. has suffered damages in the amount of R8,000,000.00 (Eight Million Rand).

WHEREFORE the Plaintiff claims against the Defendant

a) That the Defendant is ordered to pay to the Plaintiff jointly and severally the amount of R8,000,000.00 (Eight Million Rand);

b) Interest on the aforesaid amount at the rate of 10.25% per annum tempore morae, to date of payment;

c) Cost of suit; and

d) Further and/or alternative relief.

Dated at JOHANNESBURG on this the 13th day of January 2021.

ALPHEUS DENGA

(Has the right of appearance in the High Court of South Africa in terms of section 4(2) of the right of appearance in court Act

62 of 1995)

DENGA INCORPORATED

Plaintiff’s Attorneys 85 Main Street Nedbank Building

7th Floor JOHANNESBURG, GAUTENG TEL: 011 492 0037/68/54

Ref: A Denga

TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO: FIKILE MABALULA

The Defendant

123 Francis Baard Street PRETORIA.

Issued by Carl Niehaus, 5 May 2021