Tau Rollermeulle (Pty) Ltd v Murcus M Farming CC

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Maumela J
• Judgment Date: 23 May 2023
• Citation: 2023 JDR 1788 (GP)
• Hearing Date: 13 August 2020
• Docket Number: 63226/2018
• Court: North Gauteng High Court, Pretoria

Maumela J:

1.

This is an application for leave to appeal which is opposed. In the main matter, the applicant was Tau Rollermeule (Pty) Ltd, a company incorporated in terms of the Companies Act of the Republic of South Africa with registration number 2015/357344/44; with its registered address situated at 2 Gearge Street, Leeudoringstad, North West Province. The respondent was Murcus M Farming CC, registration number 2008/091707/23. It is a close corporation, duly registered in accordance with the Close Corporation Act 1994: (Act No 69 of 1994). It enjoys continued existence by virtue of the provisions of the Companies Act. It is situated at number 603, Wingerhof, 169 Bourke Street, Pretoria, Gauteng Province.

2.

The judgment against which this application for leave to appeal is brought provided for the following order:

2.1.

That the First Respondent is ordered to "remove" and "retract" a media statement issued by the First Respondent on March 10th, 2022;

2.2.

That the First Respondent is ordered to notify "the suppliers and service providers" that it has retracted the statement; and

2.3.

That the Second Respondent is ordered to take all necessary steps to ensure that the order is complied with.

BACKGROUND.

3.

On the 15th of August 2016, the parties entered into a written agreement which was made an order of the court before the Honourable Molefe J. When the order was made, the Respondent admitted indebtedness to the Applicant in the amount indicated under paragraph 2 above, together with interests calculated at the rate of 12% per annum from the 23rd of September 2016. A "pending application" was only served on the 20th of August 2019. This was two years and nine months after the granting of the court order by Molefe J.

4.

The Respondent made six payments in substantial amounts from July 2017, until March 2018. That was subsequent to the court order. Respondent's sole director and its attorneys admitted the debt on various occasions subsequent to the court order.

2023 JDR 1788 p3

Maumela J

5.

The Applicants were the Respondents in an urgent application that was brought before this court. The Applicants had published the following statement:

"ALERT: Sunshine Hospital is NOT a Road Accident Fund Hospital, Partner or Official Service Provider.

The Road Accident Fund would like to clarify to the South African public, Health Care Providers and RAF claimants on the misinformation being peddled which suggest that Sunshine Hospital is owned by RAF or is a RAF partner or RAF official service provider.

There exists NO such relations between RAF and Sunshine Hospital. Put differently: RAF HAS NO RELATIONSHIP WITH SUNSHINE HOSPITAL.

RAF has also become aware of the UNLAWFUL practice of transferring patients from public hospitals, especially from Limpopo Hospitals, to Sunshine Hospital which is based in East Rand, Gauteng.

RAF distances itself from such practice and will therefore not pay any costs incurred resulting from these UNLAWFUL and UNSCRUPULOUS practices.

Stakeholders are also informed of the ongoing forensic investigation currently being undertaken by the Forensic Investigation Division of the RAF regarding the above mentioned practices allegedly perpetrated by Sunshine Hospital and its agents."

6.

The Applicants provided the following grounds for the application for leave to appeal:

6.1.

That in the event where leave to appeal is granted, it shall have reasonable prospects of success and

6.2.

That compelling reasons and exceptional circumstances exist on the basis of which this appeal has to be heard.

7.

It was also contended that there are compelling reasons why leave to appeal should be granted. On that basis, the Applicants move for an order that the

2023 JDR 1788 p4

Maumela J

Respondents be granted leave to appeal to the Full Court, Gauteng Division, alternatively the Supreme Court of Appeal.

8.

The basis upon which this application for leave to appeal is based is as follows:

8.1.

That the Court erred in not dismissing the application with costs.

8.2.

That the Court erred in granting the order that the First Respondent be directed and ordered to retract certain portions of the media statement published by on 9 March 2022 within 48 hours from date of service of the order;

8.3.

That the Court erred by finding that the statements reflected below constitute defamation and should therefore be retracted:

"RAF has also become aware of the unlawful practice of transferring patients from public hospitals, especially from Limpopo Hospitals to Sunshine Hospital which is based in East Rand, Gauteng.

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