As it happened: Maswabi vs Zuma postponed indefinitely

2016-12-09 11:28

The civil suit about the involvement of President Jacob Zuma, State Security Minister David Mahlobo and government intelligence agents in the formation of a labour union aimed at destabilising anti-ANC Amcu has been postponed indefinitely.


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Last Updated at 13:42
09 Dec 12:14

Plaintiff's lawyers have asked the court to remove "sensitive" documents from court file, uncertainty over whether it will be allowed.

09 Dec 11:47

Maswabi vs Zuma and other postponed indefinitely, reasons unclear.

Costs reserved.

Advocate for plaintiff asks Judge Louw if documents can be removed from court file, because it is a "sensitive matter".

09 Dec 11:45

Mkowena had insisted that it was the Association of Mineworkers and Construction Union (Amcu) of labour leader Joseph Mathunjwa, which does not position itself alongside the National Union of Mineworkers (NUM) within the ANC fold, that had been responsible for the violence in the week before the massacre.

09 Dec 11:42

Mokwena has strongly denied being a government intelligence operative or ever being paid for such work.

09 Dec 11:42

In addition, just over a year after the Marikana massacre, while Mokwena still worked for Lonmin, he founded a company which would later play a key role in a covert intelligence operation to establish the new labour union tasked with disempowering Amcu.

09 Dec 11:41

Rapport also revealed in May this year that Lonmin’s foremost representative during the 2012 strikes at its Marikana mine was a covert agent of the State Security Agency.  

Former Lonmin human resources head Barnard Mokwena, whose harsh stance towards the striking workers was widely condemned after the Marikana massacre, was listed as a paid “deep cover” agent on the SSA’s central source index from 2004 until at least the end of 2012.

09 Dec 11:34

Plaintiff's (Maswabi) counsel will ask for a postponement, unclear on which grounds.

09 Dec 11:32

A source with knowledge of the case has told News24 Maswabi vs Zuma and others is a request for default judgement.

"The parties signed out of court settlement in April 2016. Zuma and other defendants failed to honour the settlement agreement. The case was then put on roll for 10 October 2016, but the defendants asked for more time to honour the settlement.

"They again failed to honour the agreement, hence request for default judgement."

09 Dec 11:30

Drama in court.

Judge asked whether defendants would appear in court.

Big confusion - seems there is a notice to withdraw in court file, but plaintiff and defendants now bickering over matter outside court.

09 Dec 11:28

Former WAU members say when they asked where the new union’s money would come from, Mthuzimele Peter Silenga, a former National Intelligence Agency agent, told them “the minister” would take care of it. 

09 Dec 11:28

Maswabi alleges Zuma told him to form the new union, but then government stopped funding him, leaving him in serious debt.

09 Dec 11:28

The defendants, who were represented by the state attorney's office in Pretoria, originally filed a notice of intention to defend Maswabi's claim.

But in mid-2016 word was received that Maswabi reached a settlement out of court with Zuma and others. 

However, News24 recently learnt that Maswabi was pursuing the matter and that it would finally be heard on Friday.

09 Dec 11:28

Maswabi claimed that President Jacob Zuma had orchestrated the project and that he had met with the president several times before the plan was implemented.

This included a meeting with Zuma in London.

09 Dec 11:28

Thebe Maswabi, a founding member of the Workers Association Union (WAU), was suing Zuma, Mahlobo, Police Minister Nkosinathi Nhleko and Defence Minister Nosiviwe Mapisa-Nqakula for R120m.

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