Musa, ENS threatens High Court over article

Take down Sergeant's piece on Wesizwe or else....

Mineweb & Moneyweb

Attention: Alec Hogg

Per email: alechogg@gmail.com; alec@moneyweb.co.za

Cc: barry@moneyweb.co.za

Dear Sirs

Re Moneyweb & Mineweb - Wesizwe Platinum: reversing a total onslaught

1.We act for Musa Capital Advisors (Pty) Ltd and its directors and employees in their individual capacities ("our clients"), who have consulted us in relation to the publication of the aforementioned article on Moneyweb on 1 June 2010 and on Mineweb.com on 2 June 2010 ("the article"), which article first came to our clients attention yesterday.

2.At the outset we note that, the Moneyweb site aside, Mineweb is an international internet site and as such the article is necessarily easily accessible to an international audience. Moreover, Musa Capital renders services both in national and international jurisdictions and has as international parent holding company.

3. We are instructed to record that the article contains numerous defamatory allegations and factual inaccuracies concerning our clients. The article contains allegations that are per se defamatory of our clients and/ or carry a defamatory meaning, which meaning will be understood by the reasonable reader of the article. Inter alia the article is defamatory in so far as it states or implies that:

3.1 our clients have exploited the Bakhubung community ("the community");

3.2 our clients are opportunistic and have misappropriated funds belonging to the community;

3.3 our client have conducted themselves in an unethical and unprofessional manner;

3.4 our clients are incompetent;

3.5 our clients are dishonest;

3.6 our clients have dealt with the community's money in a secretive and/or illegal manner;

3.7 pour clients are acting for the community without the requisite authority to do so.

4. Moneyweb, Mineweb and Barry Sergeant have acted with reckless disregard to the reputational consequences that would result for our clients from publishing the article. Our clients have suffered and continue to suffer material harm to their constitutional and common law rights as a result of the publication of the article.

5. In the circumstances, we hold instructions to demand, as we herby do:

5.1 that the article be removed from website by 17h00 on 4 June 2010;

5.2 that Moneyweb and Mineweb, in collaboration with our clients, issue a statement via electronic media indicating that the article has been retracted and apologizing for the publication thereof;

5.3 that a written undertaking be provided by 16h00 on 4 June 2010 that you will comply with the demands as set out in this letter and will refrain from repeating the allegations in question and making further defamatory and/or injurious statements regarding our clients.

6. Should the above demands not be complied with, proceedings may be instituted in the High Court.

7. All our clients' rights are reserved, including specifically the right to claim damages.

Yours faithfully 

EDWARD NATHAN SONNEBERGS

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Disclaimer

MINEWEB is an interactive publication, with rolling deadlines through each day, commencing in the Sydney morning,  and concluding, 24 hours later,  in the Vancouver evening.  If you believe your side of an issue deserves inclusion, but has failed to meet one of our deadlines, you are invited to notify the Editor in Chief in Johannesburg, and we will include you in our editing and expanding on our stories. Email him at alechogg@gmail.com

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