SA firm sues Nantu for N$600k

15 August 2019 | Justice

The Namibia National Teachers' Union (Nantu) is being sued for N$593 982 by a South African marketing firm in terms of an advertising agreement entered into on 22 July 2015.

In its January 2019 particulars of claim, SA Pulse Media (Pty) Limited, with its place of business in Cape Town, told the High Court that in terms of the agreement, a banner, along with a “hyper/web link advertorial on the GovLive website”, would be created at a cost of N$32 999 per month for 24 months, until July 2017.

“The advertorial will contain a hyperlink from Nantu's banner on the GovLive website to Nantu's website,” the company said.

Namibian Sun looked at the said website, govlive.co.za, and under the 'about us' link, it says: “GovLive is an advertising and marketing company based in South Africa and our services and products are currently available throughout southern Africa and surrounding areas. GovLive aims to exceed the expectations of every client, by offering greater value, optimising market functionality and improving operation efficiency.”

There is also an option for a listing to “be seen [and] start selling. Now you can showcase your products or services to one of the most affluent marketplaces”.

Essentially, it is an online marketing resource, operating from South Africa.

According to SA Pulse Media, the agreement, entered into by Michael Scott, the company's financial manager, and Basilius Haingura, secretary-general of the union, indicated that the “full and final payment was due [on] December 2016 and strictly upon receipt of an invoice”.

Moreover, the company says the agreement also stipulated that Nantu would have to prepare its own marketing material and that no liability for any errors therein would lie with the marketing company.

The company said Nantu was duly invoiced on 24 November 2016, and to date, has not paid any money towards the account.

SA Pulse Media also asked for 10.5% interest as from 25 November 2016, and for the costs of the suit.

Nantu filed a notice of intention to defend on 4 March this year, but to date, it has not filed any papers. On 17 June, Stefania Cagnetta of PF Koep and Company, appearing on behalf of SA Pulse Media, withdrew as its counsel. Yesterday, at the scheduled status hearing for SA Pulse Media to secure counsel, Nantu said it would ask the court to strike the matter from the roll if the marketing firm does not find someone to act in its stead in the Windhoek High Court.

Judge Marlene Tommasi is presiding over the matter, while Florian Beukes of Metcalf Attorneys appears for Nantu.

YANNA SMITH

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