FNB drags Beukes couple to court
First National Bank Namibia says Hewat and Erica Beukes have overstepped the boundaries of the constitutional right to freedom of speech.
First National Bank (FNB) Namibia has lodged an urgent application for an interim order interdicting and restraining Hewat Beukes, his wife Erica and the Workers' Revolutionary Party (WRP) from posting defamatory statements about the bank online, including on Facebook.
FNB alleges the online posts insinuate the bank and its employees are guilty of fraud, theft and corruption and that they have contravened provisions of the banking institutions, financial intelligence and anti-corruption acts.
“They must be interdicted and/or restrained from instigating and/or encouraging other persons to make, publish and/or distribute the defamatory statements,” FNB said in its notice of motion in the Windhoek High Court.
The bank also wants the court to order the Beukes couple to remove all references and statements made about FNB or its employees from the WRP Facebook page.
It further wants the Beukes couple and the WRP to be interdicted and restrained from publishing and distributing defamatory statements during planned mass demonstrations today in Windhoek, Tsumeb and Rundu.
Hewat Beukes denied all the allegations in his answering affidavit, including that he is planning mass demonstrations.
He said the onus was on FNB to prove that.
According to him, the WRP has resolved to wage an open-ended campaign until a rogue bank account is closed and the siphoned funds are paid back into treasury coffers.
Hewat was referring to revelations by Anti-Corruption Commission (ACC) head of investigations, Nelius Becker, in June that large amounts of cash had been withdrawn from an FNB Namibia account by some WRP members and representatives without proper resolutions and sanctions.
On 17 May the ACC swooped on the WRP office at Okahandja, after obtaining a search warrant, and confiscated computers and all financial documentation found on the property.
Becker said at the time that upon perusal of the bank account it was discovered that cash withdrawals of N$2 245 000 had been made within seven months, between 27 September 2017 and 25 April this year.
Hewat Beukes said in his affidavit that the WRP central committee had made a statement about the planned mass demonstrations, which had been signed by him as the political secretary.
FNB Group legal advisor Taswald July said in his sworn affidavit that the bank was aware of the conflicting interests, which are the right to freedom of speech and expression and the right to dignity.
“The applicant (FNB) has been advised that any such freedom of expression upon which they might rely is not totally unrestrained. The law and the Namibian constitution do not allow the unjustified savaging of corporations or individual reputations,” July argued.
He added the Beukes couple had overstepped the boundaries of any constitutional right to freedom of speech.
According to July, the respondents have abused this right in order to vent their anger against FNB and its CEO by making untruthful allegations of criminality, including theft, fraud and corruption.
“They alleged the applicant is involved in 'criminal schemes' and conducting 'criminal operations in Namibia' and is part of the 'organised criminal ring of Peter Katjavivi and Calle Schlettwein - in reference to the Speaker of National Assembly and minister of finance - respectively.”
July said the respondents' failure to give the requested undertakings to desist from their wrongful conduct, as well as their failure to undertake not to repeat such defamatory statements during the mass demonstrations, necessitated the urgent application
Vanessa Boesak is appearing on behalf of FNB, while the Beukes couple are appearing in person.
FRED GOEIEMAN
FNB alleges the online posts insinuate the bank and its employees are guilty of fraud, theft and corruption and that they have contravened provisions of the banking institutions, financial intelligence and anti-corruption acts.
“They must be interdicted and/or restrained from instigating and/or encouraging other persons to make, publish and/or distribute the defamatory statements,” FNB said in its notice of motion in the Windhoek High Court.
The bank also wants the court to order the Beukes couple to remove all references and statements made about FNB or its employees from the WRP Facebook page.
It further wants the Beukes couple and the WRP to be interdicted and restrained from publishing and distributing defamatory statements during planned mass demonstrations today in Windhoek, Tsumeb and Rundu.
Hewat Beukes denied all the allegations in his answering affidavit, including that he is planning mass demonstrations.
He said the onus was on FNB to prove that.
According to him, the WRP has resolved to wage an open-ended campaign until a rogue bank account is closed and the siphoned funds are paid back into treasury coffers.
Hewat was referring to revelations by Anti-Corruption Commission (ACC) head of investigations, Nelius Becker, in June that large amounts of cash had been withdrawn from an FNB Namibia account by some WRP members and representatives without proper resolutions and sanctions.
On 17 May the ACC swooped on the WRP office at Okahandja, after obtaining a search warrant, and confiscated computers and all financial documentation found on the property.
Becker said at the time that upon perusal of the bank account it was discovered that cash withdrawals of N$2 245 000 had been made within seven months, between 27 September 2017 and 25 April this year.
Hewat Beukes said in his affidavit that the WRP central committee had made a statement about the planned mass demonstrations, which had been signed by him as the political secretary.
FNB Group legal advisor Taswald July said in his sworn affidavit that the bank was aware of the conflicting interests, which are the right to freedom of speech and expression and the right to dignity.
“The applicant (FNB) has been advised that any such freedom of expression upon which they might rely is not totally unrestrained. The law and the Namibian constitution do not allow the unjustified savaging of corporations or individual reputations,” July argued.
He added the Beukes couple had overstepped the boundaries of any constitutional right to freedom of speech.
According to July, the respondents have abused this right in order to vent their anger against FNB and its CEO by making untruthful allegations of criminality, including theft, fraud and corruption.
“They alleged the applicant is involved in 'criminal schemes' and conducting 'criminal operations in Namibia' and is part of the 'organised criminal ring of Peter Katjavivi and Calle Schlettwein - in reference to the Speaker of National Assembly and minister of finance - respectively.”
July said the respondents' failure to give the requested undertakings to desist from their wrongful conduct, as well as their failure to undertake not to repeat such defamatory statements during the mass demonstrations, necessitated the urgent application
Vanessa Boesak is appearing on behalf of FNB, while the Beukes couple are appearing in person.
FRED GOEIEMAN
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