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IOL News
23-07-2025
- Politics
- IOL News
Freedom of expression has limits, Supreme Court rules in social media defamation case
The Supreme Court of Appeal ruled that neither the Constitution nor freedom of expression is an excuse for defamation. Image: FILE Neither the Constitution nor freedom of expression protects a person who posts defamatory material concerning another on social media, the Supreme Court of Appeal ruled in turning down an appeal by a farmer after his Facebook post sparked death threats against an attorney. A dispute arose between Pretoria attorney Pieter Strydom and farmer Francois Harman after the latter accused Strydom in a Facebook post of targeting white farmers. Strydom, upset by the contents of the post, obtained an urgent interdict against Harman to stop harassing him. The high court found that Harman and his friends and followers on his Facebook account posted and published offensive and life-threatening defamatory statements concerning Strydom. 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. 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. Advertisement Next Stay Close ✕ Some of the postings were found by the high court to amount to a smear campaign. The high court ordered Harman to remove the published material from his Facebook account, which referred to Strydom. Harman was further ordered to submit, under oath, a list of the particulars of the persons who made the responding postings. While Harman had meanwhile removed his posts, he turned to the SCA to appeal against the fact that he had to disclose the particulars of his followers who published threats against Strydom. Strydom is an attorney and insolvency practitioner who also represents the Land and Agricultural Development Bank of South Africa and its financial agent, Unigro Financial Services. The Land Bank and Unigro advance loans to farmers, subject to agreed terms and conditions, which include mortgaging their farms as collateral. The loan agreements provide for annual instalment payments of the amount loaned, due to seasonal harvest of the crops. Whenever a farmer falls in default of payment, the Land Bank instructs its attorneys, in this case, Strydom's law firm, to institute legal proceedings to recover the debt. Included among the farmers was Harman and his company, who fell into arrears with payments. Harman took to his Facebook account, stating that Strydom and some officials at the Land Bank were the cause of his problems. Strydom obtained an interdict against Harman, prohibiting him from committing verbal abuse through electronic communication as well as refraining from harassing him. The order was obtained in Harman's absence. The following day, a messenger tried to serve him with the protection order, but Harman denied them entry into his house and instead photographed them. After they left, he again took to his Facebook account and posted the pictures together with a post regarding how the lives of white farmers are made difficult in the country. On the same day, his Facebook post was followed by a slew of other vitriolic postings from different persons - some made death threats towards Strydom. This resulted in the court ordering him to take down his post and to disclose the identities of those who had levelled threats and made defamatory statements towards Strydom. Harman refused to submit the list of his Facebook friends involved and cited various excuses, including that 'the Protection of Personal Information Act (POPIA) prevented him from divulging this information. He also stated freedom of expression as an excuse. To post a message on Facebook that someone 'needs a bullet between the eyes' is an impermissible exercise of freedom of expression. The right to freedom of expression, like all rights, has limits. The one obvious limit is when its exercise encroaches into the domain of another person's right, the SCA said. It found that Strydom is entitled to the list of persons responsible for these unlawful acts in order to vindicate his rights, if he deems fit to do so. Cape Times
IOL News
23-07-2025
- Business
- IOL News
Farmer loses SCA battle after harmful Facebook posts about lawyer following R3 million debt
SCA dismissed an appeal by farmer who posted inflammatory messages against an attorney over a debt. The Supreme Court of Appeal (SCA) has dismissed an appeal from an aggrieved farmer, Francois Harman, who had taken to Facebook to post disparaging and inflammatory remarks against Pretoria attorney Pieter Strydom. Strydom, who acts as an insolvency practitioner, was representing the Land and Agricultural Development Bank of South Africa (Land Bank) in its legal proceedings against Harman for outstanding debts. The Land Bank and Unigro Financial Services advance loans to farmers and whenever a farmer falls in default of payment, the organisations would instruct Strydom to initiate legal proceedings to recover the debt. The legal dispute began when Harman and his company, Redlex, secured a loan from the Land Bank but fell into arrears, ultimately leading to a lawsuit for over R4.3 million. After Redlex was liquidated in July 2019, the Land Bank, represented by Strydom, secured a judgment against Harman in May 2020 for more than R3 million plus interest. Frustrated by the judgment and the financial toll it had taken on him, Harman resorted to social media to express his anger. His Facebook posts targeted Strydom and other officials at the Land Bank, accusing them of unethical behaviour and acting impartially. In response to his alarming online conduct, Strydom sought a protection order against Harman, which prohibited him from further harassment or verbal abuse through electronic communication. The order was obtained in Harman's absence.
IOL News
22-07-2025
- Business
- IOL News
Supreme Court ruling clarifies limits of freedom of expression in social media defamation cases
The Supreme Court of Appeal ruled that neither the Constitution nor freedom of expression is an excuse for defamation. Image: File Neither the Constitution nor the freedom of expression protects a person who posts defamatory material concerning another on social media, the Supreme Court of Appeal ruled in turning down an appeal by a farmer after a Facebook post by him sparked death threats against an attorney. A dispute arose between Pretoria attorney Pieter Strydom and farmer Francois Harman after the latter accused Strydom in a Facebook post of targeting white farmers. Strydom, upset by the contents of the post, obtained an urgent interdict against Harman to stop harassing him. The high court found that Harman and his friends and followers on his Facebook account posted and published offensive and life-threatening defamatory statements concerning Strydom. Some of the postings were found by the high court to amount to a smear campaign. The high court ordered Harman to remove the published material from his Facebook account, which referred to Strydom. Harman was further ordered to submit, under oath, a list of the particulars of the persons who made the responding postings. While Harman had meanwhile removed his posts, he turned to the SCA to appeal against the fact that he had to disclose the particulars of his followers who published threats against Strydom. Strydom is an attorney and insolvency practitioner who also represents the Land and Agricultural Development Bank of South Africa and its financial agent, Unigro Financial Services. The Land Bank and Unigro advance loans to farmers, subject to agreed terms and conditions, which include mortgaging their farms as collateral. The loan agreements provide for annual instalment payments of the amount loaned, due to seasonal harvest of the crops. Whenever a farmer falls in default of payment, the Land Bank instructs its attorneys, in this case, Strydom's law firm, to institute legal proceedings to recover the debt. Included among the farmers was Harman and his company, who fell into arrears with payments. Harman took to his Facebook account, stating that Strydom and some officials in the Land Bank were the cause of his problems. Strydom obtained an interdict against Harman, prohibiting him from committing verbal abuse through electronic communication as well as refraining from harassing him. The order was obtained in Harman's absence. The following day, a messenger tried to serve him with the protection order, but Harman denied them entry into his house and instead photographed them. After they left, he again took to his Facebook account and posted the pictures together with a post regarding how the lives of white farmers are made difficult in this country. On the same day, his Facebook post was followed by a slew of other vitriolic postings from different persons - some who made death threats towards Strydom. This resulted in the court ordering him to take down his post and to disclose the identities of those who had levelled threats and made defamatory statements towards Strydom. Harman refused to submit the list of his Facebook friends involved and cited various excuses, including that 'the Protection of Personal Information Act (POPIA) prevented him from divulging this information. He also stated freedom of expression as an excuse. To post a message on Facebook that someone 'needs a bullet between the eyes' is an impermissible exercise of freedom of expression. The right to freedom of expression, like all rights, has limits. The one obvious limit is when its exercise encroaches into the domain of another person's right, the SCA said. It found that Strydom is entitled to the list of persons responsible for these unlawful acts in order to vindicate his rights, if he deems fit to do so. [email protected]
IOL News
19-06-2025
- Business
- IOL News
Land Bank launches Wine and Spirits Fund to boost transformation in industry
The Land Bank has launched a Wine and Spirits Fund aimed at accelerating transformation in the country's wine and spirits sector, in a partnership backed by the European Union and the South African government. Image: Supplied The Land Bank has launched a Wine and Spirits Fund aimed at accelerating transformation in the country's wine and spirits sector, in a partnership backed by the European Union and the South African government. The initiative forms part of a broader support programme, under Financing Agreement No. ZA/DCI-AFS/040-854, designed to increase the participation of Black-owned businesses in the wine and spirits value chain and enhance global market access for South African products, it said in a statement on Thursday. South Africa, ranked seventh among the world's top wine-producing countries, produced nearly 934 million litres of wine in 2023. The sector contributes an estimated R56.5 billion to gross domestic product. The programme is divided into two components: a R195 million transformation component, managed by Land Bank, and a R98 million marketing and distribution component, led by the National Agricultural Marketing Council. The transformation component will focus on improving access to land, infrastructure, education, and financial resources for Black-owned enterprises. Land Bank CEO Themba Rikhotso said, 'South Africa is recognised as one of the leading countries in the production of wine, which is exported throughout the world. Land Bank is delighted by the support of the EU. It will drive a transformation agenda in the wine and spirits sector, which has historically not been fully inclusive in its production value chain.' Applications for the fund open on June 19, 2025. Qualifying applicants must be Black-owned and managed enterprises within the wine and spirits industry. (For more information go to 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. 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. Advertisement 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. 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 ✕ EU Ambassador to South Africa Sandra Kramer described the partnership as 'ground-breaking' and said it would promote equitable access to land and education while strengthening export capabilities for Black-owned brands in non-EU markets. The EU's contribution of €10 million (R207m) will provide successful applicants with access to either direct grants of between R500 000 and R3.5 million or equity-linked funding of up to R10m in partnership with Land Bank and other financial institutions. BUSINESS REPORT Visit:
Daily Maverick
12-06-2025
- Business
- Daily Maverick
Retail giants step in with millions of rands to help entrepreneurs on their way up
South Africa's small businesses shoulder a heavy load, employing about 13.4 million people, and more than 70% of them don't make it past the seven-year mark. This week, Woolworths and Mr Price joined the growing queue of corporates trying to fix that, pledging millions towards entrepreneurship and empowerment. The business of doing good Woolworths is framing its new Inclusive Justice Institute as a practical demonstration of corporate empowerment, with the minister of small business development, Stella Ndabeni-Abrahams, endorsing it as a model for retail-led development. Backed by R300-million in funding — R200-million from Woolworths and R100-million from the Land Bank for emerging farmers — the institute will operate through two non-profit arms. One focuses on developing suppliers and the other on community programmes like food security and education. The retailer says it increased its procurement from SMMEs by 42% to R4-billion last year, and donated R816-million worth of surplus food to under-resourced communities. Woolworths' corporate social justice director, Zinzi Mgolodela, said: 'Our support for MSMEs [micro, small and medium enterprises] has helped stimulate economic growth by empowering beneficiaries to create jobs and expand their businesses. 'Through our NGO partnerships, we support rural and semi-urban communities to grow food and become self-sufficient, and our education initiatives have improved learning in under-resourced schools and promoted child safety, giving children the opportunity to thrive in safe, supportive environments.' The Land Bank's CEO, Themba Rikhotso, said: 'This initiative aligns directly with Land Bank's mission of empowering previously disadvantaged communities and to increase the inclusion of emerging farmers in the commercial agricultural sector, thereby enhancing the country's long-term food security.' Fishing for hustlers under 35 Meanwhile, Mr Price's Bindzu Youth Fund offers black and youth-owned businesses the chance to apply for R3-million in grant funding, spread across bootcamp training, mentorship and seed capital. The retailer's efforts seem to be focused on the right goal. Data from FinScope indicate that 30% of SMME owners are under the age of 35. To qualify, applicants must have been operating for at least 12 months, be between the ages of 18 and 34, and earn less than R5-million in annual turnover. The foundation says the goal is to help young entrepreneurs cross the resource chasm, which kills most early startups. 'The country has no shortage of young minds with bright ideas and business know-how,' said the foundation. 'So, although training and mentorship have been foundational to the success of young entrepreneurs, a greater need lies in real resources, and the willingness to release these resources to the youth.' The closing date to apply to the Mr Price Foundation is 30 June. Credit desert According to the Tips State of Small Business in South Africa 2024 report, SMMEs secure considerably less external funding than large corporations. They receive a paltry 13% of total bank credit. Corporations gobble up 51%, while regular consumer clients get 36%, which leaves small enterprises starved of working capital. The Woolworths and Mr Price programmes signal that retailers are no longer content to just manage supply chains but want to manufacture credibility. With government interventions slow and often mired in inefficiency, the private sector is positioning itself as both rescuer and reinforcer of South Africa's SMME ecosystem. DM
