Staff Reporter.
The Gauteng High Court in Johannesburg has dismissed former Eskom CEO Matshela Koko’s leave to appeal a ruling which states he should pay costs on a punitive scale, resulting from his failed attempt in seeking R500 000 in damages and an apology from a 72-year-old woman,Babara Tanton.
Koko also wanted certain things in the woman’s affidavit to be struck, but it was dismissed by Acting Judge Adele de Wet in her judgment on Tuesday. She said there was no reasonable prospect of success.
She also said there was no compelling reason why the application for leave should be heard by another court.
“I hold the view that another court would not find differently and/or that another court would not be entitled to disturb the discretion that I exercised, taking into account the recognised legal principles above as well as those contained in the judgment,” said De Wet.
In October 2020, City Press posted an article on Twitter naming Koko for having refused to sign off on 27 contracts with independent power providers (IPPs) which had already been negotiated with government. On Twitter, Koko justified himself, stating Eskom could generate electricity for 42c a unit but was obliged to buy from IPPs for R2.13.
Tanton commented on Twitter: “You stole so much I am sick of your innocent ramblings”.
Koko sent her a letter the following month, demanding that she unconditionally retract and apologise, that she desist from making further defamatory statements, and that she pay him R500,000.
Tanton removed the tweet in early January 2021 and closed her Twitter account.
Koko launched court proceedings the same month.
In February, Tanton’s attorney proposed that Tanton re-open her Twitter account and publish a retraction and an apology. The attorney pointed out claims for damages could not be done through motion proceedings, and there were material disputes of facts that would have to be aired in court.
Koko ignored the olive branch extended and Tanton was forced to submit an opposing affidavit, raising various defences, including that this was Slapp litigation, and that the tweet was “fair comment”, true, and in the public interest.
Koko did not file any further documents and the matter was set down on the court roll by Tanton’s attorneys.