Lawyers for gold mining company Durban Roodepoort Deep (DRD, DUR) and Associated Intelligence Network (AIN) are fighting against punitive damages being sought by mining magnates Brett and Roger Kebble.
They are asking the Johannesburg High Court to dismiss the Kebble’s claim against them for constitutional punitive damages.
In July last year, the Kebbles’ legal team issued summons claiming damages for invasion of privacy and infringement of their constitutional rights against DRD, AIN and DRD CEO, Mark Wellesley Wood. The Kebbles are seeking damages of one million rand each for themselves, as well as punitive damages of R5-million each against DRD and AIN. The summons seeks the payment of the R10-million to the South African Human Rights Commission (SAHRC).
Brett Kebble said that due to the serious nature of the invasion of their privacy, he and his father had decided to apply for punitive damages in addition to damages for invasion of privacy.
“These people have committed grossly illegal acts that have proved tremendously harmful,” said Brett Kebble.
“Not only did they obtain information unlawfully, but then used it to fabricate claims that led to the malicious arrest and prosecution of my father. This is an extremely serious situation and punitive damages would provide a deterrent to anyone else thinking of abusing the state apparatus in this way.
“Our constitution is designed to protect its citizens from this completely unacceptable behaviour which is why we are fighting to establish that in a democratic South Africa, individuals have a right to privacy and those who invade that privacy unlawfully should suffer the consequences of their illegal activities.”
Commenting on their choice of beneficiary, Kebble said that it was fitting that the SAHRC would benefit by the plaintiffs’ “shocking behaviour” as it flew in the face of many of the basic human rights, which the South African constitution was designed to protect.
In a separate case, JCI will also be seeking legal action against DRD and AIN for civil claims relating to losses by JCI as a result of illegal and unlawful activities on the part of DRD and AIN. – I-Net Bridge