It’s been a while since our last court case update because to be truthful it all got very complicated – and I am bitterly disappointed in where we currently stand.
Colin Webster went to court to force me to take down two articles. The main article was where I posted that he was likely to be the same person writing the eSports blog using the pseudonym Matatheni Mosotho.
In that article I mentioned that Colin was currently embroiled in a court case and unfortunately I got the details around the type of court case wrong. As soon as I was made aware of that fact I updated the article to correctly state the type of case. However this wasn’t enough for Colin and he amazingly got an order to take the articles down without me having an opportunity to argue that in court.
Fast forward to August and we finally get to stand in court, by which time we had already posted a retraction of the fraud charge. Around 3 days before the court date however it comes to light that Colin’s legal team will no longer fight the accusation that he is in fact parading around as Matatheni Mosotho and that the court date will now simply be used to argue costs.
So we’ve been stuck in the legal system since March fighting over my freedom of expression and right to post valid information only for the entire argument to be dropped days before the court date.
So I went into the court date expecting a fair result on costs as personally I felt this was quite obviously a waste of the court’s time. And the judge agreed! Well the judge agreed that it was a waste of time but he has decided it was me who was stubborn in this case and wasted the time. He therefore awarded costs to Colin for both his counsels.
I’m still in shock at the ruling as it just doesn’t make sense to me and I am in discussion with my legal team over an appeal. However it isn’t straight forward. Apparently since the order is simply around costs and not the actual meat of the argument then it is entirely up to the judges discretion.
So because the case was pretty much dropped there isn’t much to appeal. You can only admire Colin’s team for playing it out like that but in the end if I have to pay costs then so be it.
Expect an update on Mr Mosotho shortly.
Last Updated: September 4, 2014
Viking Of Science
September 4, 2014 at 11:37
Damn, the legal system seems to be iffy at times, Best Of Luck Gavin.
WhiteRock
September 4, 2014 at 11:38
WTF!
Admiral Chief Assassin
September 4, 2014 at 11:43
My head hurts SO BAD from me facepalming SO HARD.
Hammersteyn
September 4, 2014 at 12:04
Don’t move, I’ll facepalm you as well.
Sith JJ
September 4, 2014 at 12:05
I’m surprised Gavin hasn’t approached Rince for some advice. Him being so used to court cases with all the restraining orders and such.
Rock789
September 4, 2014 at 14:17
That is true… Why I was in court just the other day obtaining a renewal of the 30 day restraining order I have against him! 😉 :p
Rinceable
September 4, 2014 at 15:54
You shut your double black eyehole!
Matewis Jubilai
September 4, 2014 at 11:44
Uhm am I missing something here? How can it be you that are “wasting the court’s time
“. Who decided to go to court with the whole story in the first place?
Viking Of Science
September 4, 2014 at 11:51
http://38.media.tumblr.com/tumblr_l9w15ffl7g1qavmb0o1_500.gif
CAE9872
September 4, 2014 at 11:54
I had to go to court recently as an expert witness. I was amazed by the…hmmm…disarray shown by legal teams. Oh and if anyone wants to know about the reason for our deforestation – look no further!!! This was a simple enough case but somehow they easily, just from what I saw, generated what was 20 lever arch files (big ones!), just for themselves…
Rock789
September 4, 2014 at 14:19
Yup… Every time a court case is heard, a section of the Amazon dies! And in this day and age where data capturing tech is, relatively speaking, cheap… That is indeed a sad thing!
Hammersteyn
September 4, 2014 at 11:55
I put it to you, that the judges ruling was seven flavors of retarded.
Mossel
September 4, 2014 at 12:56
lol ou Gerrie Nel!
Spaffy
September 4, 2014 at 11:55
Out off curiosity how many $s must you cough up?
Gavin Mannion
September 4, 2014 at 12:44
apparently he now submits his costs to the court tax something.. they check and verify and agree and then I get it
Jonah Cash
September 4, 2014 at 12:45
How many T-Shirts do you need us to buy? I’ll take two this time!! We’ve got this dude!!
Spaffy
September 4, 2014 at 12:46
Hear hear
Gavin Mannion
September 4, 2014 at 12:48
lol thanks… everyone needs 20 shirts 🙂
we’re working on some funch merchandise so hopefully people will buy because it’s awesome not because they know I’m poor 🙂
Kromas of City17
September 4, 2014 at 12:54
Have you considered life size punching dummies dressed like Darryn?
R1000 a pop …. you should be able to get loads of money!
Kensei Seraph
September 4, 2014 at 12:55
I’d take one of “He who can now be named but should not”.
Alien Emperor Trevor
September 4, 2014 at 14:20
Those would cost R10k because of the additional plastic required to make them life size.
Guild
September 4, 2014 at 13:10
If you are up for it, we should have another beer and chat.
Thats_how_I_Troll
September 4, 2014 at 16:20
There must be a tea bag challenge hiding in there some where…
Rags
September 4, 2014 at 13:11
http://www.patreon.com
http://www.fnb.co.za
Tip jar could help.
Spathi
September 4, 2014 at 11:56
Not a very good judgment at all. Wtf. You can appeal the cost order, the question is however if you will be penny wise and pound foolish.
Matewis Jubilai
September 4, 2014 at 11:57
It doesn’t make sense that this cannot be challenged, although if it is, then the other charges might re-appear purely out of spite 😛
Admiral Chief Assassin
September 4, 2014 at 12:05
“although if you is…”
Ummm
Sith JJ
September 4, 2014 at 12:06
What is you going on about now? This are not making sense.
Admiral Chief Assassin
September 4, 2014 at 12:10
refresh:
Matewis Jubilai
September 4, 2014 at 12:15
Damn it’s on record!
Admiral Chief Assassin
September 4, 2014 at 12:22
NEVARRRR forget 😛
Matewis Jubilai
September 4, 2014 at 12:08
hehe It was “although if you do” but then I changed it 1/2 way to “although if it is” 😛
Admiral Chief Assassin
September 4, 2014 at 12:10
LOOOL. ok, makes sense now!
Purple_Dragon
September 4, 2014 at 11:59
Ruling makes no sense at all. Bunch of bliksems.
Sith JJ
September 4, 2014 at 12:03
Words fail me. This is so silly.
Kensei Seraph
September 4, 2014 at 12:09
This article is definitely getting Worst News of the Week.
Admiral Chief Assassin
September 4, 2014 at 12:27
Agreed
Guild
September 4, 2014 at 12:11
I have so many expletives I wish to use about this.
By using this case as a precedent, I could technically hire my brother, sister and friends, start a case against someone I don’t like and feel has slandered me, go through the courts and withdraw the merits of my case and argue the other individual to pay for the cost of my lawyers and split it 50/50. Awesome money making scheme here we come.
The judge needs his head read. Words can not describe my thoughts and feelings on this one.
Admiral Chief Assassin
September 4, 2014 at 12:27
Your analogy is unfortunately spot on.
Kromas of City17
September 4, 2014 at 12:31
I can beat this judgement. I almost got arrested,suspended or fired today cause I “sneaked out” a piece of highly expensive computer equipment from a security area in a site without getting a “authorization of removal” form with the items serial number on it.
(refresh for item image)
Admiral Chief Assassin
September 4, 2014 at 12:35
I really hope you are not serious
Kromas of City17
September 4, 2014 at 12:37
I am deadly serious. I was hiding it on my front passenger seat and my vehicle happened to get a inspection by the very security officer I just had reprimanded for incompetence.
Admiral Chief Assassin
September 4, 2014 at 12:39
FFS
Kromas of City17
September 4, 2014 at 12:41
On the bright side … i get to cry in the shower with a box of cookies. Thats always soothing. 😛
Admiral Chief Assassin
September 4, 2014 at 12:44
What city do you work? I know you can’t name the company here, but just as a heads up for people working there
Kromas of City17
September 4, 2014 at 12:50
Let us just say that the client site has something to do with trying desperately to keep the lights on.
Admiral Chief Assassin
September 4, 2014 at 12:51
Ah, hence trying to keep the cable from being stolen
😛
Kromas of City17
September 4, 2014 at 12:52
yep that was the main cable I “stole” …. power outages in effect.
I am sorry.
😛
Sk3tz0
September 4, 2014 at 12:54
so ur the reason im sitting on the shitter in the dark reading LG off my mobile during working hours.. Thanks 😀
Kromas of City17
September 4, 2014 at 12:56
Hey I could have unplugged the mouse next to me and shut down all cell towers as well.
Don’t make me do it!
Sk3tz0
September 4, 2014 at 12:57
fine there a copy of Keur from 1982 in the stall.. i got my lighter with me.. 😛
Kromas of City17
September 4, 2014 at 12:58
Lighter … stall ….. Sounds like an explosive combo. 😛
Admiral Chief Assassin
September 4, 2014 at 13:06
Let there be…..light?
Guild
September 4, 2014 at 13:05
So it was all about payback. You point out his incompetence and he feels justified to try get you fired.
Human stupidity is going to kill this world…..
Kensei Seraph
September 4, 2014 at 12:37
Do kettle cords even have serial numbers?
Kromas of City17
September 4, 2014 at 12:38
Thats how I still have my job.
Kensei Seraph
September 4, 2014 at 12:46
…
http://d24w6bsrhbeh9d.cloudfront.net/photo/axNwQO1_460sa.gif
Kervyn Cloete
September 4, 2014 at 13:31
My day job is at Koeberg. It’s a National Key Point which means nothing – NOTHING – leaves site without signed consent. I’ve seen people fired over a roll of toilet paper. One of techies nearly got booted because he forgot about a computer mouse in his jacket pocket, and got picked for a random body search as he went home. Security is damn tight at these places.
Sk3tz0
September 4, 2014 at 13:40
Of course security dam tight.. wouldnt want any1 sneaking in and fixing everything now would u 😛
Kervyn Cloete
September 4, 2014 at 13:48
You would actually be surprised how people messed up way back in the day, before they had such crazy security. I remember hearing a story of some guy years and years ago accidentally putting a radioactive isotope sample in the breast pocket of his jacket and going home. He realized his mistake when he got home and got undressed, but by that stage it was too late as he had already absorbed enough radiation on that spot to horribly damage his chest.
It’s stuff like that that make these people paranoid. A kettle plug seems trivial, but if it was a kettle plug that used to be attached to a PC inside the containment building, it’s a moerse risk if it hasn’t been decomtaminated first.
Kromas’ story is a little different though, as I know the security is also tight at the other Eskom non-nuclear sites (as I do work there as well), but they’re usually a bit more relaxed than Koeberg, as stuff going out don’t have the same risks. I think he was just the target of some bureaucratic revenge.
Admiral Chief Assassin
September 4, 2014 at 14:21
So now we know why the electricity grid is up to poop, YOU work there!
😛
Kromas of City17
September 4, 2014 at 16:50
Also it is not an active station. It is a construction site.
Thats_how_I_Troll
September 4, 2014 at 16:18
Yeah, he “forgot” the mouse in his pocket ;p
Hammersteyn
September 4, 2014 at 12:15
If only Nicholas Cage was in the court room with that expression. It might have swung Gavins way.
Hammersteyn
September 4, 2014 at 12:16
Does this mean we can talk kak again about “him”?
Gavin Mannion
September 4, 2014 at 12:32
yes, try not defame him though…
Brady miaau
September 4, 2014 at 12:43
do more than try, I should imagine.
There is no try, do or do not
Hammersteyn
September 4, 2014 at 12:55
Must…………. try……………. harder……………… not ……………………….too…………..gaaahhh!
Kromas of City17
September 4, 2014 at 12:16
I have learned yet again today that no matter how strong your case and how much valid evidence you have does not matter in the eyes of someone who dislikes you and has a slightly higher position of power.
And then your article shows up. I feel your pain especially today.
Alien Emperor Trevor
September 4, 2014 at 13:00
*secret club handshake*
statements vs facts… statements WIN!
Kromas of City17
September 4, 2014 at 13:01
hear hear!
My 5 cents
September 4, 2014 at 12:21
As far as I am concerned you should be able to sue him for costs, and this is not necessarily limited to court cost. But mental anguish as well, go see a high costing psychologist and transfer the cost to him as he is the direct result. Doable and there has been precedence set, in this case the whole case will be valid for discussion as it is the whole case that has caused this distress and mental anguish!! Booya
And no I am not a legal person
Kromas of City17
September 4, 2014 at 12:23
I would argue at this point in time with all the costs involved rather pick your battles.
My 5 cents
September 4, 2014 at 13:56
Normally I would agree, however the one who has caused this is a different beast.
A precedence will be set and the amount of court cases from him alone will go through the roof, the legal system becomes nasty as hell once a precedence has been set or conceded even if it is just between two individuals.
As intimidation tactic now on, he would most likely just keep rinsing and repeating. But then that is assuming that lazygamer.com does not learn, which I doubt.
Milesh Bhana
September 4, 2014 at 12:39
what the hell? He sued you but you’re wasting time?
L337J1MB0B
September 4, 2014 at 12:43
What just happened? You just got shafted. Sterkte.
Tarisma
September 4, 2014 at 12:43
Ok well i am gobsmacked at this.
Sk3tz0
September 4, 2014 at 12:50
This was a setup from the get go.. Hope he fucking gets incurable chlamydia.
Mossel
September 4, 2014 at 12:52
…and DIE! (Mean Girls reference…I wish death on no one.)
Ryanza
September 4, 2014 at 12:54
https://bushradio.files.wordpress.com/2010/09/iwritewhatilike1.jpg?w=5184&h=3456
Amandla
Ryanza
September 4, 2014 at 13:05
http://adhyatmablog.com/wp-content/uploads/2014/05/freedom.jpg
http://3.bp.blogspot.com/-p0-stCW6Fo8/UFToEfHyWoI/AAAAAAAAAhk/IXX6sFK90fg/s1600/voltaire.jpg
Colin could learn a thing or two from Voltaire.
Admiral Chief Assassin
September 4, 2014 at 13:08
Epic quote
Sentient_Slug
September 4, 2014 at 13:01
Dont worry Gav, he is still fatter than you by a long shot.
Sk3tz0
September 4, 2014 at 13:02
If only It was Judge Judy that was handling that case she’d of turned to him looked him dead in the eyes and go…
Kensei Seraph
September 4, 2014 at 13:08
I like to think she would have stared at him in disbelief for several minutes first.
Matthew Holliday
September 4, 2014 at 13:03
why do you have to pay if he is the one who took you to court?
i thought that if someone takes you to court, and their case fails, they have to pay?
is this a loophole, corruption in the judicial system / MSSA or were there charges that you laid that made you the liable party?
overall it doesnt sound right.
it just so petty, if he cant beat you, he’ll ruin you…
this all overshadows the fact that Colin admits to have been parading around as a mysterious black e-sports journalist who was “definitely not Colin”
Gavin Mannion
September 4, 2014 at 13:29
there case didn’t fail, if it failed they’d likely have to pay costs.
This appears to be a loophole.
And yes his parade is coming to an end, promise
James Hendriks
September 4, 2014 at 13:06
Hi Guys
i wish you well with your Court case.
however i am going to court for driving 141km in a 100km zone.
this will be my first time at court could any of you give me and suggestions or tips?
most apreciated
Admiral Chief Assassin
September 4, 2014 at 13:07
Don’t talk about DRM in court 😛
I dunno dude, never been in the situation. Best of luck there!
Sk3tz0
September 4, 2014 at 13:08
Say ur sorry, pay ur fine.. and as you step down u go.. Dont support DRM..
Spaffy
September 4, 2014 at 13:13
Well firstly, get there as quick as you can.
Gavin Mannion
September 4, 2014 at 13:28
don’t admit fault. But apologise and pay.. unless you have a real reason for that speeding..
but traffic court is simple, they just want your money
Gary Waterworth
September 4, 2014 at 15:08
Get a good lawyer.
Appear in court without an option of a fine involves a criminal record if I am not mistaken.
Ryanza
September 4, 2014 at 15:52
Why do people think this person is me?
HvR
September 4, 2014 at 17:44
You look the same in your profile pictures.
Gerhard Davids
September 4, 2014 at 13:16
Wait, so he takes you to court. Then drops the argument… now you have to pay his bills? How the fuck does that work?
R1ker
September 4, 2014 at 18:24
That’s what I want to know as well???
Danbates_za
September 4, 2014 at 13:19
fuck logic
Ryanza
September 4, 2014 at 13:29
Oh shit I read the article wrong. You have to pay for Colin’s small black penis syndrome. Are you sure the judge was not Colin all along.
Just like everything the courts are not about the truth and the law. The court system is about money.
Reaver
September 4, 2014 at 13:36
Wouldn’t hurt to ask for second opionion here… lawyers.co.za
Rock789
September 4, 2014 at 14:16
And they wonder why even the squirrels in the parks around South Africa have no faith in our justice system… Sies!
Gavin – you have our support bud! Onwards we march!
Ihatethelegalsystem
September 4, 2014 at 14:52
What a cunt.
Rinceable
September 4, 2014 at 15:54
What a load of crap. How can we trust the court system when it sound like an episode of Desperate fucking Housewife?
ZubSaber a.k.a Hans
September 4, 2014 at 17:02
Good luck Mr Cranky. Sounds to me like Colin might be friendly with a few higher-ups in the legal field.
Keep that manly head up and soldier on I say!
R1ker
September 4, 2014 at 18:16
WTF!!!!
Gavin dude – I believe you have been very nasty blind sided. I don’t get it – how are you suppose to carry the costs when Colin started all of this?
Skuifspeld
September 4, 2014 at 21:42
So ironic. In the latest article written by “Matatheni”, the whole issue of freedom of speech is also called into question. Double standards, much?
Wolfgang Wilkes
September 5, 2014 at 04:06
http://www.saflii.org/za/cases/ZAGPPHC/2014/639.html
The publically-available judgement of the court in this case is given at that link.
It seems as though the judge only viewed the following events as material:
1) Allegation of fraud
2) Issuing of rule nisi preventing Gavin publishing anything further in this regard, and forcing the removal of articles
3) Gavin’s stubborn refusal to pay costs, since he admitted fault in the fraud allegation issue
4) Therefore Gavin needs to pay the full legal costs of Colin.
From my vantage, I think it would be reasonable to order Gavin to pay the legal costs of Colin’s actions solely relating to the ‘fraud’ angle i.e. the lawyer’s cost in getting Gavin to remove the articles; issuing the public apology, and agreeing not to publish/ask others to publish/imply/etc that there was anything related to fraud at all.
I imagine that Gavin would have agreed to all of the above ‘fraud-allegation-related’ remedial actions immediately. Lawyer’s cost = 1 day in drafting the demands, maybe another few days in getting the summary judgement issued. Total cost = maybe 4-5 days. Done. Gav to pay. It hurts, but the allegation of fraud is serious, and Colin could (and did) claim that he is an important public figure, and will suffer harm to his reputation yadda yadda yadda…
However, having to pay the legal costs for the remainder of the case, which was subsequently withdrawn??? That’s surely a mistake on the part of the judge.
The only justification I can see for Gavin being told to pay for the whole shebang is the fact that the fraud charges were still un-retracted until a few days before this last court case. I know the articles were amended originally to remove the fraud allegation, and then removed completely, but there had been no public retraction of allegations in the manner of the final apology up until that point. Maybe that’s what the judge was getting at?
If this judgement translates into Gavin having to pay the full costs of Colin’s entire legal action, I think it’s grossly unfair. Hopefully an appeal of the costs order will be a cheap exercise?
Good luck, Gavin, and I look forward to reading more about Mr Mosotho’s deceit.
Gavin Mannion
September 5, 2014 at 05:57
“However, having to pay the legal costs for the remainder of the case, which was subsequently withdrawn??? ”
That’s the part that kills me… also the offer of retraction was posted in early March and subsequently refused. Surely that counts? It was then offered again in August and once again refused. I then published it anyway.
Not once did we actually get to argue the merits of the case
Dorian Love
September 5, 2014 at 09:34
Defamation is not freedom of speech, Gavin! That is the sole point here! You are not allowed to misuse your position as a blogger to accuse people of fraud when you have no substance for that claim.
Dorian Love
September 5, 2014 at 09:28
I am no lawyer, but the wording says the order was for you to take down and retract. Since you did that case closed, but you did not offer to pay the cost Colin incurred to make you retract which was unfair so you were rapped over the knuckles and told to cough up! Or am I missing something?
Lothy
September 5, 2014 at 07:22
Consider this a victory, sow ur right arm back on Rambo style and go get the MSSA. There is an Nkandla story waiting to be uprooted here, of deceit and corruption. Im sure there is a spy tape there somewhere as well!
MacRofl
September 5, 2014 at 08:06
There is no point fighting over a costs order right now.
Yeah it’s a kak one but that’s the way it is.
Make sure your attorney has the bill of costs taxed properly
and by a costs consultant who has been around for a long time. So don’t shit
yourself when you first see the amount on the notice of intention to tax. 9/10 of
these bills are grossly inflated and if properly taxed will slash it down (especially
counsels fees).
I’m guessing this was all done on motion and only party and
party costs were ordered against you, so you’re not going to be in for hundreds
of thousand. Also remember that taxing a bill can take up to 3 – 4 months maybe
even longer if its Johannesburg
high court.
Wolfgang Wilkes
September 5, 2014 at 09:46
Unfortunately party and party costs were not ordered against Gavin:
“15.2 Respondent is ordered to pay applicant’s costs of the application on the scale of attorney and client, this includes the reserved costs and including costs of two counsel.”
You sound pretty knoweldgeable on this topic. What does this mean – scale of attorney and client?
MakeItLegal
September 5, 2014 at 08:14
justice system ? more like debit sytem
Dorian Love
September 5, 2014 at 08:26
It’s very simple really. Colin had to go to court to seek an order for you to stop spreading untruths. Therefore he was out of pocket because of what you did so you must pay his costs! No mystery at all!
Wolfgang Wilkes
September 5, 2014 at 09:44
Nope. Wrong. The ‘spreading of untruths’ was stopped as soon as it was pointed out. The original article mentioned fraud. As soon as it was pointed out that it wasn’t fraud – it was amended. No court case needed.
He went to court after the articles were amended to reflect no fraud. Additionally, there were claims arguing against the whole Matatheni Mosotho issue that formed part of Colin’s suit, which built up the legal costs considerably, but which were then dropped immediately prior to the final court appearance.
Gavin should not have to pay Colin’s legal costs for the portion of the case that Colin withdrew.
Dorian Love
September 5, 2014 at 11:07
Well, that’s not what the ruling says! Remember that Colin was seeking relief, not the other way round. As soon as the court was satisfied that the false accusations had been withdrawn, Gavin had met the relief sought (withdrawal and apology) and then the rest is all about costs!
CodeName Tailgunner
September 5, 2014 at 09:26
You may not be able to appeal but you should be able to review although this will just cost more money.
It does not make sense to me that a defendant/respondent against whom the proceedings are instituted can be held liable for all costs, especially if they withdraw one of the matters.
By apologizing you admitted one of the charges, so I understand why you had to pay for that bit.
In future when some asshole asks you to take down an article, take it down and post it anonymously everywhere else. Adding lots of expletives of course.
Fuck the Assholes!
Darm weet almal nou COLIN is n poes.
The internet never forgets.
fred
September 5, 2014 at 12:11
What matter was withdrawn? Please read: http://www.saflii.org/za/cases/ZAGPPHC/2014/639.pdf