Justice Kebonang hits back
Justice Dr Zein Kebonang says the allegations that he authored Justice Boipuso Makhwe's ruling of the 24 November 2021 are outright false and a fabrication by the Applicants, Peter Collins and/or Mboki Chilisa.
“I did not have a copy of it nor did I ever share it whether before or after it was issued. The allegations confirmed by Mr Collins to the effect that I handed over a flash drive to Judge Makhwe containing the ruling are a fabrication. Similarly, the allegations that Mr Newel received a copy of the ruling from me are a fabrication.”
He said the application filed on 02 April 2024 is brought without mandate, authorising the Applicants' attorneys to institute and prosecute proceedings against the 3rd Respondent (Justice Kebonang). He said the proceedings, including all averments made against him are incompetent and ought to be struck out with costs. He stated that this application is in breach of his immunity from civil proceedings in terms of Section 25(1) of the High Court Act and the common law.
PwC has taken Choppies shareholders, Justices Dr Zein Kebonang and Boipuso Makhwe to court with damning allegations over judgements handed down by Justice Makhwe.
Applicants are PricewaterhouseCoppers (PwC) 1st Applicant), Binedell Rudi (2nd Applicant) against Ottapatu Ramachandran (1st Respondent), Farouk Ismail (2nd Respondent), Dr Zein Kebonang (3rd Respondent) and
Boipuso Makhwe (4th Respondent). Audit firm, PWC wants the High Court to make an order declaring that all proceedings in this matter before Justice Boipuso Makhwe, including but not limited to her ruling are a nullity; and the defendants to pay the costs.
“The application of 02 April 2024 was delivered without the affidavits of Keabetswe Newel (Editor in Chief of Geniuspoint Investments (Pty) Ltd t/a Business Weekly) and Ms Jayne Cross, and yet their involvement and evidence is indispensable to the Applicants' case. Without their supporting or confirmatory affidavits, all founding allegations relating to them are purely hearsay and ought to be struck out,” said the judge in his founding affidavit.
He argues that by reference to the Applicants' affidavit, it is readily contentious, inter alia, whether he wrote Rulings for Justice Makhwe, whether he had possession/custody of Rulings before their delivery and whether he released (leaked) such Rulings to the Geniuspoint Investments t/a Business Weekly. Yet, confronted with such patent/material disputes of fact which cannot be resolved on affidavit, the Applicants elected to prosecute this matter as motion proceedings, he said, adding that the disputes of fact ought to have been anticipated, and action proceedings ought to have been preferred.
“The allegations that I wrote Judge Makhwe's ruling of the 24 November 2021 are outright false and a fabrication by the Applicants and Peter Collins and/or Mboki Chilisa. Similarly, the allegations that I was privy to the ruling before it was issued are false and a fabrication. It is equally false that I shared the ruling with Mr Newel of the Business Weekly newspaper. Mr Newel is a person who is unknown to me. He is not a friend and I do not relate with him either professionally or socially. I do not have his phone numbers or his email address.”
He argued that his only 'contact' with Newel, was through a defamation lawsuit filed against him and the Business Weekly newspaper. He said even then, the lawsuit was concluded without Newel giving evidence in court. 'The allegations that I may have written this ruling are false and fabricated,' he said.