Latest news with #Artsolar
IOL News
03-08-2025
- Politics
- IOL News
Victory for press freedom
In their efforts to provide the public with information about controversial yet important events, journalists in South Africa face constant intimidation, sometimes brutal, deadly assaults, which constrict their ability to convey truthful information about cardinal and pivotal issues, according to the writer. Image: Supplied The lifting of the gag order on Independent Media in the Artsolar litigation is a victory for press freedom. The importance of free speech and expression as a valuable characteristic in a democratic society cannot be underestimated. In their efforts to provide the public with information about controversial yet important events, journalists in South Africa face constant intimidation, sometimes brutal, deadly assaults, which constrict their ability to convey truthful information about cardinal and pivotal issues. It was Sir Winston Churchill, who in 1949, offered these profound words: 'A free press is the unsleeping guardian of every other right that free men prize, it is the most dangerous foe of tyranny. Under a dictatorship, the press is bound to languish. A vigilant press will continue to be the fourth estate, the vigilant guardian of the rights of the ordinary citizen.' When the public's right to know is threatened, and when the rights of free speech are in jeopardy, all other liberties that we hold dear are endangered. We must never yield to any attempt that seeks to destroy, through mob violence or censorship from the elite, the right of conscience, the freedom of opinion, and the press. Section 16 {1}{A} of the constitution of South Africa guarantees 'the right to freedom of expression, which includes, freedom of the press and other media' The right to freedom of expression upholds the rights of all to express their views and opinions freely. It is essentially a right which should be promoted to the maximum extent, possibly given its critical role in democracy. It is how people receive factual information, which is essential to intelligent self-governance, that is, democracy. Freedom of expression is a concept that defines a specific liberty or a specific way of exercising liberty. Nobody should interfere with others' freedom to act as they please. There is only one basic human right, the right to do as you damn well please. There is only one basic human duty: the duty to take the consequences. The sine qua non of a democratic society is the freedom of expression. Our freedom to express our views is United Nations had declared May 3rd as World Press Freedom Day. When a free press is imperilled, muzzled or banned altogether, every other freedom is limited too, and democracy itself is threatened. It was Thomas Jefferson who said, 'Our liberty depends on the freedom of the press and cannot be limited without being lost'. Freedom of the press should be sacrosanct unless one lives in a totalitarian state. The muzzling of our journalists is nothing less than a full assault on the basic principles of press freedom. FAROUK ARAIE GAUTENG
IOL News
01-08-2025
- Business
- IOL News
Artsolar's gag order on Independent Media lifted, a court victory for media freedom
Oxford supermarkets managing director, Brett Latimer, who complained about Artsolar allegedly misrepresenting itself by claiming to have sold him locally manufactured solar panels whereas they were allegedly imported from China. Image: Bongani Hans IT is a victory for media freedom following the withdrawal of an interdict, which a Durban company that earned R90 million in government funding through allegedly falsely claiming to manufacture solar panels, had obtained against whistle-blowers. Artsolar had, earlier this year, obtained an interdict against the Independent Media Group at the Durban High Court, which, as a result, could not report on the matter. After Artsolar obtained the interdict, other media houses, such as Ground Up, which were not gagged, reported extensively about the details of the misrepresentation and gagging of the media. The court officially withdrew the interdict against Independent Media and Oxford Supermarkets, which was a whistle-blower in the matter, on Tuesday, following Artsolar informing the court that it was no longer proceeding with its action. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Hence, Artsolar incurred legal costs 'on party and party scale C'. The company obtained the interim interdict in March at the same court, with Independent Media being informed about the hearing of the application at the last hour. When asked if Independent Media can now freely write about the allegations that Artsolar imported the panels from China without fear of legal reprisal, their lawyer, Advocate Carina Jacob, said 'Yes'. Artsolar's contract manager, Yaadhna Harilal, said the interdict was to prevent the publication of defamatory allegations arising from a private commercial dispute. Harilal said Artsolar withdrew the interdict as it had already entered the public domain, 'and little purpose remained in pursuing the matter'. 'The broader context meant the matter no longer aligned with our original legal objectives, and continued litigation would not advance the company's strategic interest or benefit our stakeholders. 'We are engaging directly with the relevant parties, and any substantive regulatory queries will be addressed with the appropriate authorities through the proper channels,' said Harilal. She could not say whether the company was continuing to import solar panels. Independent Media and the Amabhungane Centre for Investigative Journalism, which joined the matter as a friend of the court for media freedom, had come down heavily against the interdict. 'On a collective basis, it is a good thing because journalists stuck up for a journalist when you were let down. 'It shows that the industry (media) is a force to be reckoned with, and you will continue to do it,' said Jacob. Oxford was prohibited from disclosing details about the importation of solar panels. It had raised the matter with various organisations, including the Industrial Development Corporation (IDC), which was also prevented from investigating the allegations. Artsolar, which operates a factory at the New Germany Industrial Park outside Pinetown, had claimed to be a 100% manufacturer of solar panels. However, it emerged that Artsolar had misled its potential clients and IDC, which had invested R90 million in the company on the basis that it was a 100% proudly South African manufacturer. Oxford's managing director, Brett Latimer, had purchased panels to install on the rooftops of his shopping centre in Hillcrest. On the completion of the installation, Latimer discovered empty boxes of the panels, which indicated that the panels were produced by Chinese company Einnova Solarline Energy Corporation Limited. Artsolar ordered the panels, which were shipped to the country via the Durban Port. Artsolar's former employees, Kandace Singh and Shalendra Hansraj, who had since gained employment with Oxford, backed Latimer's finding with more evidence. Latimer filed complaints against Artsolar with the IDC and also laid a criminal charge at the Hilcrest police station. He also complained to the Department of Trade, Industry and Competition (DTIC), the International Trade Administration Commission of SA (ITAC), Proudly South African, and the Independent Power Producer Office (IPPO). Latimer later alerted this Independent Media reporter to expose what he viewed as corruption. However, as Independent Media was working on the story after completing its investigation, Artsolar obtained an interdict against the story. Singh, Hansraj, and Latimer were gagged from talking about the matter, which Artsolar considered defamatory. This forced Independent Media to abandon this story while its lawyers were in the process of overturning the interdict. Jacob said that by taking the matter to court, Artsolar shot itself in the foot because it attracted the attention of other media houses. She said the gagging of the media and Oxford seemed to have been used to prevent the IDC from investigating the matter. 'They used an order to stop a journalist for an ulterior purpose, and that's what we said in the affidavit that they used you to stop an investigation, because the reality is they knew that if they brought an interdict against that (IDC investigation), no one could get it,' said Jacobs. Oxford's lawyer, Mahomed Shoaib Omar, said the case against Artsolar was strengthened by his clients' successful subpoena of a Durban Port's clearing agency to produce bills of lading. 'The bill of lading disclosed that 99% of the solar panels were imported from China and not locally manufactured,' said Omar. Omar said IDC's forensic auditor, Charl Naude, had completed the forensic investigation, which was now being reviewed by the IDC. 'When the IDC joined the court process as the respondent, the court granted an order, and then the forensic auditor interviewed Latimer, Singh, and Hansraj and obtained the relevant information. 'The current situation is that the IDC, based on the internal forensic report, will have to consider what to do in this matter,' said Omar. Omar said the withdrawal of the interdict meant that Oxford had been vindicated. 'Artsolar represented that the solar panels that were sold to Oxford were manufactured at the Artsolar factory, whereas they were imported from China, and this is substantiated by the bills of lading that were produced,' said Omar. He said Oxford could lodge a civil action by bringing forward a summons to set aside the R5 million panel purchase transactions. 'The DTIC also advanced R28 million to Artsolar, which is separate from R90 million that the IDC had advanced,' said Omar. When contacted for comment, IDC corporate affairs head Tshepo Ramodibe said Artsolar's withdrawal of the interdict against his entity cleared the way for it to proceed with its investigation into the allegations. 'In line with policy, the IDC does not publicly disclose investigation outcomes. Any decisions regarding funding will be guided by governance protocols once the investigation is concluded,' said Ramodibe. The DTIC has not responded to confirm the R28 million, which Omar said was advanced to Artsolar.
IOL News
31-07-2025
- Business
- IOL News
Court victory for media freedom: Artsolar's gag order on Independent Media lifted
Oxford supermarkets managing director, Brett Latimer, who complained about Artsolar allegedly misrepresenting itself by claiming to have sold him locally manufactured solar panels whereas they were allegedly imported from China. Image: Bongani Hans IT is a victory for media freedom following the withdrawal of an interdict, which a Durban company that earned R90 million in government funding through allegedly falsely claiming to manufacture solar panels, had obtained against whistle-blowers. Artsolar had, earlier this year, obtained an interdict against the Independent Media Group at the Durban High Court, which, as a result, could not report on the matter. After Artsolar obtained the interdict, other media houses, such as Ground Up, which were not gagged, reported extensively about the details of the misrepresentation and gagging of the media. The court officially withdrew the interdict against Independent Media and Oxford Supermarkets, which was a whistle-blower in the matter, on Tuesday, following Artsolar informing the court that it was no longer proceeding with it. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Artsolar incurred legal costs 'on party and party scale C'. The company obtained the interim interdict in March at the same court, with Independent Media being informed about the hearing of the application at the last hour. When asked if Independent Media can now freely write about the allegations that Artsolar imported the panels from China without fear of legal reprisal, its lawyer, Advocate Carina Jacob, said 'Yes'. Artsolar's contract manager, Yaadhna Harilal, said the interdict was to prevent the publication of defamatory allegations arising from a private commercial dispute. Harilal said Artsolar withdrew the interdict as it had already entered the public domain, 'and little purpose remained in pursuing the matter'. 'The broader context meant the matter no longer aligned with our original legal objectives, and continued litigation would not advance the company's strategic interest or benefit our stakeholders. 'We are engaging directly with the relevant parties, and any substantive regulatory queries will be addressed with the appropriate authorities through the proper channels,' said Harilal. She could say whether the company was continuing to import solar panels. Independent Media and the Amabhungane Centre for Investigative Journalism, which joined the matter as a friend of the court for media freedom, had come down heavily against the interdict. 'On a collective basis, it is a good thing because journalists stuck up for a journalist when you were let down. 'It shows that the industry (media) is a force to be reckoned with, and you will continue to do it,' said Jacob. Oxford was prohibited from disclosing details about the importation of solar panels. It had raised the matter with various organisations, including the Industrial Development Corporation (IDC), which was also prevented from investigating the allegations. Artsolar, which operates a factory at the New Germany Industrial Park outside Pinetown, had claimed to be a 100% manufacturer of solar panels. However, it emerged that Artsolar had misled its potential clients and IDC, which had invested R90 million in the company on the basis that it was 100% proudly South African manufacturer. Oxford's managing director, Brett Latimer, had purchased the panel to install on the rooftops of his shopping centre in Hillcrest. On the completion of the installation, Latimer discovered empty boxes of the panels, which indicated that the panels had been produced by Chinese Einnova Solarline Energy Corporation Limited. Artsolar ordered the panels, which were shipped to the country via the Durban Port. Artsolar's former employees, Kandace Singh and Shalendra Hansraj, who had since gained employment with Oxford, backed Latimer's finding with more evidence. Latimer filed complaints against Artsolar with the IDC and also laid a criminal charge at the Hilcrest police station. He also complained to the Department of Trade, Industry and Competition (DTIC), the International Trade Administration Commission of SA (ITAC), Proudly South African, and the Independent Power Producer Office (IPPO). Latimer later alerted this Independent Media reporter to expose what he viewed as corruption. However, as Independent Media was working on the story after completing its investigation, Artsolar rushed to court to obtain an interdict against the story. Singh, Hansraj, and Latimer were gagged from talking about the matter, which Artsolar considered defamatory. This forced Independent Media to abandon this story while its lawyers were in the process of overturning the interdict. Jacob said that by taking the matter to the court, Artsolar shot itself in the foot because it attracted the attention of other media houses. She said the gagging of the media and Oxford seemed to have been used to prevent the IDC from investigating the matter. 'They used an order to stop a journalist for an ulterior purpose, and that's what we said in the affidavit that they used you to stop an investigation, because the reality is they knew that if they brought an interdict against that (IDC investigation), no one could get it,' said Jacobs. Oxford's lawyer, Mahomed Shoaib Omar, said the case against Artsolar was strengthened by his clients' successful subpoena of a Durban Port's clearing agency to produce bills of lading. 'The bill of lading disclosed that 99% of the solar panels were imported from China and not locally manufactured,' said Omar. Omar said IDC's forensic auditor, Charl Naude, had completed the forensic investigation, which was now being reviewed by the IDC. 'When the IDC joined the court process as the respondent, the court granted an order, and then the forensic auditor interviewed Latimer, Singh, and Hansraj and obtained the relevant information. 'The current situation is that the IDC, based on the internal forensic report, will have to consider what to do in this matter,' said Omar. Omar said the withdrawal of the interdict meant that Oxford has been vindicated. 'Artsolar represented that the solar panels that were sold to Oxford were manufactured at the Artsolar factory, whereas they were imported from China, and this is substantiated by the bills of lading that were produced,' said Omar. He said Oxford could now proceed to lodge a civil action by bringing forward a summons to set aside the R5 million panel purchase transactions. 'The DTIC also advanced R28 million to Artsolar, which is separate from R90 million that the IDC had advanced,' said Omar. When contacted for comment, IDC corporate affairs head Tshepo Ramodibe said Artsolar's withdrawal of the interdict against his entity cleared the way for it to proceed with its investigation into the allegations. 'In line with policy, the IDC does not publicly disclose investigation outcomes. Any decisions regarding funding will be guided by governance protocols once the investigation is concluded,' said Ramodibe. The DTIC has not responded to confirm the R28 million, which Omar said was advanced to Artsolar.
