NOTICE OF INTENTION TO INSTITUTE LEGAL PROCEEDINGS IN TERMS OF ACT 40 OF 2002 - DEFAMATORY MEDIA STATEMENT DATED 27 MARCH 2013
We act on behalf of the South African National Defence Union ("SANDU"), a registered military trade union registered in terms of the Defence Act, its management and leadership.
We have been placed in possession of a Media Statement headed up SANDF condemns South African National Defence Union's statements regarding the CAR incident issued by Defence Corporate Communication, Brig Gen X G Mabanga dated 27 March 2013.
The media statement inter alia states the following:
1. "The South African National Defence Force (SANDF) calls on the so called South African National Defence Union (SANDU) to stop its irresponsible, childish and ill informed comments and statements about the loss of lives of our members in the Central African Republic.";
2. "This is not time for point scoring and politicking."
3. "If the so called leadership of SANDU believes that they have anything good to offer South Africans, why did they leave the SANDF when it was going through transformation post 1994?"
4. "It is a well known fact to all inside and outside the SANDF and the peace loving South Africans that SANDU was precisely formed to fight transformation of the new SANDF. Theirs was to make sure that the apartheid led Defence Force remains intact in the manner it was formed. It is therefore not surprising that such noise comes from such people whose mind is still clinging to an old apartheid legacy."
5. "Therefore, the SANDF finds it strange that those elements that left the SANDF because they were not in favour of transformation today come and project themselves as progressive individuals."
6. "In actual fact, SANDU is misleading the South Africans."
7. "SANDU must stop using tragedies like this to seek publicity in order to gain membership"
The abovementioned media statement is widely distributed and widely read by the general public as well as by the members in the Department of Defence;
The said words, in the context of the media statement, are wrongful and defamatory of SANDU, its management and leadership in that they were intended and were understood by readers of the publication that SANDU is not recognised by the SANDF, that SANDU's management and leadership are dishonest and that SANDU is irresponsible, childish, ill informed, racist and disrespectful of the lives lost in the following respects:
1. By referring to the "so called" SANDU and the "so called" leadership of SANDU;
2. That SANDU is called on to stop its irresponsible, childish and ill informed comments and statements;
3. That SANDU is using this incident for point scoring and politicking;
4. That SANDU's leadership is against transformation in the SANDF and is pro apartheid;
5. SANDU is misleading the South Africans;
6. SANDU is using tragedies to seek publicity in order to gain membership.
As a result of the defamatory statements made in the media statement mentioned above, SANDU, its management and leadership have been damaged in its reputation and has suffered damages in the amount of R1 500 000-00.
It is our instructions to demand from you to issue a media statement retracting the defamatory statements mentioned above.
We furthermore hold instructions to demand, as we hereby do, jointly and severally from the addressees payment in the amount of R1 500 000-00 being damages suffered by SANDU, its management and leadership within 30(thirty) days of this letter failing which action will be instituted against you without any further notice.
Yours faithfully
GRIESEL & BREYTENBACH ATTORNEYS
Per:
The Chief of the SANDF
Gen Gen S Shoke
PRETORIA
The Secretary of Defence
Dr S M Gulube
PRETORIA
Brig Gen X G Mabanga
Director Defence Corporate Communication
PRETORIA
Issued by SANDU, March 28 2013
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