Whistleblower and social media influencer, Setlhomo Tshwanelang, will not be jailed for 30 days after emerging victorious in a legal battle against Citizen Entrepreneurial Development Agency (CEDA).
As such, CEDA was as a result unsuccessful in their interim interdict and contempt of court orders application. The case between Tshwanelang and CEDA stems from accusations made by the whistle-blower that corruption was rife at the money lending institution. Tshwanelang alleged that Chief Executive Officer (CEO) of CEDA, Thabo Thamane and brand ambassador, Sonny Serite, are the most corrupt people. In an attempt to put a stop to the allegations levelled by Tshwanelang, CEDA roped in attorney Njiramanda Mbewe who approached the High Court and sought a temporary court order that implored Tshwanelang to desist from making publications about CEDA, Thamane, and Serite. But Tshwanelang contested the order and proceeded to march alongside aggrieved Batswana to the Ministry of Trade and Entrepreneurship offices to deliver a petition against Thamane and Serite. Following the protest by Tshwanelang and Batswana, CEDA’s attorney filed for contempt of court orders by the respondent in the matter seeking that he be put behind bars for 30 days. However, Justice Michael Leburu, presiding over the matter was not in support of CEDA’s grounds.
Delivering his judgment in open court yesterday, Leburu stated that there was no doubt that the matter was urgent as both parties did not contest its urgency. Regarding the interim interdict, Leburu said it has been overtaken by events as the allegations are now in the public domain and cannot be controlled. “An interim interdict is sought to prevent an infringement of a right or to stop the infringement from continuing, pending the final determination of the party’s rights in the main case. It is not designed to address harm that has already taken place,” Leburu articulated. Furthermore, Justice Leburu further stated that the applicant (CEDA) failed to provide enough grounds why he should grant CEDA the interim interdict as their arguments were not convincing enough. “I find that the applicant has not amply demonstrated how it will suffer irreparable harm from such publication. Mere speculation or conjecture on the harm requirement is not sufficient,” he said. Justice Leburu advised CEDA that there are channels that they could follow to ensure that Tshwanelang does not damage the name and CEDA’s brand. With regards to the contempt of court order applications, Justice Leburu said that CEDA was just being malicious.
He stated that CEDA jumped the gun to file for contempt because Tshwanelang was not even given time and opportunity to state his case. “On the contempt application, the reliefs sought in my judgment are inappropriate. Effectively the applicant wanted the respondent to comply with the order nisi before he could be heard,” remarked Justice Leburu. Justice Leburu highlighted that this was not fair on the part of CEDA as for a final decision to be made, Tshwanelang should have been afforded an opportunity. Taking into consideration submissions made by the two parties, Justice Leburu revealed that CEDA failed to prove its case. “For reasons stated above, the applicant has failed to make out a case for the confirmation of the order nisi. The order nisi is thus pliable and liable to be discharged,” he said. Justice Leburu proceeded to order that the order nisi be discharged and that the applicant shall bear the costs of the application, inclusive of costs consequent upon the engagement of counsel.
Still on the same corruption allegations against CEDA, Thamane, and Serite, the newly appointed minister Tiroeano Ntsima has ordered a forensic audit on CEDA. Ntsima stated that he expects the process to last at least three months. Despite the petition calling for Thamane and Serite’s suspension, Ntsima said that they cannot jump the gun as investigations are still ongoing. However, Ntsima has vowed that the process will be transparent and tampering with evidence will not be possible. He has since asked Batswana to remain patient as his ministry deals with the matter. “I implore you not to take matters into your own hands as I am aware that you had indicated the possibility of civil arrest,” pleaded Ntsima.
Delivering his judgment in open court yesterday, Leburu stated that there was no doubt that the matter was urgent as both parties did not contest its urgency. Regarding the interim interdict, Leburu said it has been overtaken by events as the allegations are now in the public domain and cannot be controlled. “An interim interdict is sought to prevent an infringement of a right or to stop the infringement from continuing, pending the final determination of the party’s rights in the main case. It is not designed to address harm that has already taken place,” Leburu articulated. Furthermore, Justice Leburu further stated that the applicant (CEDA) failed to provide enough grounds why he should grant CEDA the interim interdict as their arguments were not convincing enough. “I find that the applicant has not amply demonstrated how it will suffer irreparable harm from such publication. Mere speculation or conjecture on the harm requirement is not sufficient,” he said. Justice Leburu advised CEDA that there are channels that they could follow to ensure that Tshwanelang does not damage the name and CEDA’s brand. With regards to the contempt of court order applications, Justice Leburu said that CEDA was just being malicious.
He stated that CEDA jumped the gun to file for contempt because Tshwanelang was not even given time and opportunity to state his case. “On the contempt application, the reliefs sought in my judgment are inappropriate. Effectively the applicant wanted the respondent to comply with the order nisi before he could be heard,” remarked Justice Leburu. Justice Leburu highlighted that this was not fair on the part of CEDA as for a final decision to be made, Tshwanelang should have been afforded an opportunity. Taking into consideration submissions made by the two parties, Justice Leburu revealed that CEDA failed to prove its case. “For reasons stated above, the applicant has failed to make out a case for the confirmation of the order nisi. The order nisi is thus pliable and liable to be discharged,” he said. Justice Leburu proceeded to order that the order nisi be discharged and that the applicant shall bear the costs of the application, inclusive of costs consequent upon the engagement of counsel.
Still on the same corruption allegations against CEDA, Thamane, and Serite, the newly appointed minister Tiroeano Ntsima has ordered a forensic audit on CEDA. Ntsima stated that he expects the process to last at least three months. Despite the petition calling for Thamane and Serite’s suspension, Ntsima said that they cannot jump the gun as investigations are still ongoing. However, Ntsima has vowed that the process will be transparent and tampering with evidence will not be possible. He has since asked Batswana to remain patient as his ministry deals with the matter. “I implore you not to take matters into your own hands as I am aware that you had indicated the possibility of civil arrest,” pleaded Ntsima.
