Imvume Management, a black economic empowerment firm, is suing the Freedom Front Plus for defamation, the party said on Tuesday.
Lawyers for Sandi Majali, Imvume’s CEO, have already given notice that they intend suing the FF+ for defamation, said Willie Spies, the party’s spokesperson on minerals and energy.
”A defamation suit could just have the opposite effect as to what Imvume has in mind,” he said in a statement.
Two months ago, Imvume obtained a court order gagging the Mail & Guardian after the newspaper revealed that Imvume donated R11-million to the African National Congress before last year’s general elections.
The money was part of R15-million Imvume received from PetroSA as an ”advance” for oil condensate that came from Glencore.
Instead of paying the money to Glencore, Imvume allegedly paid it to the ANC as a donation. When Imvume did not pay Glencore, PetroSA allegedly had to duplicate the R15-million payment to Glencore.
Imvume lifted the order against the M&G after the FF+, using its parliamentary privilege, disclosed the details of the transaction.
”A defamation suit can only succeed if the particulars which had been revealed are incorrect and if it is not in the interest of the public to have the particulars made known.
”In this case, we particularly wish that an independent forum, such as one of the courts, test the truthfulness of the allegations surrounding the Oilgate scandal, and the public interest in this case speaks for itself — it is, after all, R15-million of taxpayers’ money which is in question,” Spies said.
He said Imvume and Majali are central in the Oilgate scandal currently being investigated by the public protector.
”Imvume earlier also gave notice that it wants to force the FF+ in court to reveal its source.
”According to a letter from Imvume’s lawyers, Barry Aaron and Associates, addressed to the legal team of the FF+, the court documents for the application regarding the revelation of the source of the FF+ will shortly be ready,” he said.
Deputy president not concerned
Last week, Deputy President Phumzile Mlambo-Ngcuka said she is not concerned about public money ending up in ANC coffers during the Oilgate scandal.
”That’s none of my business. That’s a transaction between Imvume,” she told the South African Broadcasting Corporation in an interview.
”I’m concerned about what [state oil company] Petro SA did. What Imvume did I really don’t care.”
As the minister of minerals and energy at the time of the scandal, Mlambo-Ngcuka said she has a case to answer.
”Yes, absolutely, and I would love to answer it,” she said.
Mlambo-Ngcuka said the problem began when Imvume did not pay the advance to its partners.
”PetroSA decided they would give them 30% off the total sum that they were supposed to get, which they were supposed to share with the other partners in their consortium with whom they were delivering the product, which they didn’t and that’s what created problems,” she said.
”As a result, PetroSA had to follow up with court action in order to try to recoup the money.
”But had they not paid that advance, we would have lost much more; we would have started to go and look for the product all over again. The refinery would have stopped working.”
Mlambo-Ngcuka said the R50 000 given to her brother, Bonga Mlambo, by Majali was payment for consultants in a tourism-related venture.
”They were doing a tourism business together, for which Mr Majali owed him money to pay for consultants that had helped them put together a technical document.
”He was owed … he paid him the R50 000 but I didn’t know about their association and I didn’t know what they were doing together in tourism. He’s a 42-year-old man and I don’t know what he does,” she said. — Sapa