SIYABONGA SITHOLE
Former second deputy president of Numsa Ruth Ntlokotse has launched a cease and desist order against Numsa spokesperson, Phakamile Hlubi Majola.
On Wednesday, Ntlokotse through her lawyer, Kevin Smith of Ahmed Gani Attorneys, threatened Hlubi Majola with court action against a series of defamatory and disparaging remarks against their client which has been circulated via social media and other media platforms.
The cease and desist order comes after Numsa circulated social media messages which alleged that Ntlokotse had lied about her popularity within the ranks of the trade union, enjoyed the support of the Mpumalanga branch and that she wanted to collapse the union through her recent court interdict, among other allegations.
Smith called out Numsa spokesperson for her social media smear campaign which sought to defame Ntlokotse both as a person and as a professional.
"Your allegations made contain numerous unlawful remarks which have the sole intention of causing damage to our client's reputation and dignity. By extension, they have also been made in an effort to disparage the good name and reputation of our client in both her personal and professional capacity and to sully our client's reputation with Numsa, Saftu, South Africa and internationally.
"Your defamatory allegations have not only prejudiced our client but are also an act of bad faith as the allegations make direct reference to an ongoing legal battle which both parties have undertook not to give any comment on to the media," Smith says.
Smith says due to the nature of the allegations his client has been forced to defend herself against the allegations with a possible defamation application and a written public apology adding that his client has been defamed by her statements.
"Not only have you displayed a vested interest and intention to defame our client, but your engagements with third parties on social media have exacerbated the situation by allowing such third parties to further ridicule, defame and humiliate our client publicly, further increasing the defamatory effect of your posts.
"In light of the above, we demand that you immediately retract and delete all social media posts or pages on all social media platforms containing any false and defamatory information and misrepresentation such as those elucidated in this letter.
"Additionally, we demand that you refrain from making any further social media posts or pages containing any false and defamatory information regarding our client in any way whatsoever," Smith says.
Phakamile Hlubi-Majola is also required to write a formal apology and delete all the posts and pages made against Ntlokotse by no later than end of Wednesday (17 August 2022) . She is required to also write a formal apology which should be distributed across all social media platforms addressing Ntlokotse.
"Should you fail to do so, we are instructed to take further legal action against you for damages on the grounds of defamation, including a cost order against you," Ntlokotse's lawyers say.
Speaking to this newspaper, Numsa spokesperson, Phakamile Hlubi- Majola said she is unable to comment due to the nature of case against her.
Both parties will be appearing before the labour court in Johannesburg on Friday (19 August 2022) following an application by Ntlokotse to declare the recent Numsa national congress null and void following an interdict against the congress last month.