GroundUp is being sued for R5-million by Iqbal Survé, and Independent Media,
Survé is claiming damage to his reputation following the publication of our editorial: Iqbal Survé's newspapers take the side of the Lottery crooks.
We subsequently published, in full, an energetic response to this editorial by
Read Survé's summons and claim here. In this article, we look at Survé's case against us and the cases he's brought against other news organisations.
Our editorial pointed out that
In his claim against us, Survé says that GroundUp's editorial was "wrongful and defamatory". He says that readers would be left with an impression that he and his publications:
- "Are dishonest;
- Are bias and have political affiliation;
Uses Independent Media and Independent Newspapers publications to further their own political and personal agendas to manipulate narratives;- Corrupt or has engaged in corruption;
- Are unethical;
- Have acted illegally; and
- Are propagandists."
Survé says that GroundUp should pay R5-million for this.
GroundUp's operating expenses last year were less than R8-million.
The largest defamation award in South African history is R800,000, set by the
Litigation fixation
GroundUp is just the latest in a long line of news outlets and journalists who are being sued by Survé for reporting on the activity of his newspapers or his businesses. At least six news organisations have been sued in 2022 alone, including
The most spectacular threat, and not in a good way, is the R500-million letter of demand against
Then in 2019, labour journalist
Bell discovered, among other things, that
- Survé was not, as he had claimed (and continues to claim), a personal doctor or friend to
Nelson Mandela ; - Survé was not, as claimed, mentored by
Ahmed Kathrada ("I don't know the man personally," said Kathrada to Bell); - Survé falsely claimed to be a "Fellow of the
Prince of Wales 's Business and Sustainability Programme"; - Survé falsely claimed to have received an award from
Amnesty International ; - Survé falsely claimed to have been Bafana Bafana's "mind coach" for their African Cup of Nations victory in 1996; and
- Survé falsely claimed to be the Indian cricket team's "mind coach".
And there is much more. Bell's article is a modern classic and deserves to be re-read.
The case against him did not proceed, Bell told GroundUp. "Much as I was looking forward to it, it was just another empty threat," he said.
Then, in 2022, Survé launched a flurry of defamation suits, seemingly making good on a number of long-standing threats against rival news publications and journalists who had the temerity to look into his affairs.
The Daily Maverick has been served with four such suits, excluding the one that they are cited in with GroundUp. In one, pertaining to an article written by amaBhungane journalist
- versus the Sunday Times, TimesLive, S'thembiso Msomi and
Bobby Jordan , Survé is claiming R2-million for general damages for alleged defamation; - versus the Financial Mail, Businesslive,
Rob Rose andAnn Crotty , he is claiming R1-million; and - versus Business Day, BusinessLive, Lukanyo Mnyanda,
Warren Thompson andNick Hedley , he is claiming R500,000 for each of three articles.
Survé has also issued dozens of threats of litigation.
The Daily Maverick's publisher Styli Charalambous says in a
In May this year,
This, said
SLAPP in the face
Charalambous argues that the letters of demand and lawsuits brought against the Daily Maverick at Survé's command are not designed to address a legitimate grievance, but just to drain money and time from a rival publication in an attempt to dissuade critical reporting. He diagnoses these as Strategic Litigation Against Public Participation (SLAPP) suits.
In February, the
"The amounts claimed by Survé are patently exorbitant which Survé knows he would not realistically or even remotely be awarded by the courts, which in our view underscores the abusiveness of the campaign," said De Klerk.
It is difficult to understand how Survé or his lawyers come to the amounts claimed in their various summons. All his claims are in excess of the largest-ever defamation claim, but even then, it is difficult to understand why the "damage" done by GroundUp is set at R5-million, while Business Day, BusinessLive, Lukanyo Mnyanda,
GroundUp sent Survé detailed questions about the status of his defamation litigation. We asked about cases going back to 2015. We also asked whether the threats of litigation had been followed by summons.
In response, his lawyers,
Huh?
* Disclosure: Dasnois is associate editor of GroundUp
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