{"id":240650,"date":"2022-10-20T14:08:04","date_gmt":"2022-10-20T12:08:04","guid":{"rendered":"https:\/\/www.groundup.org.za\/article\/groundup-sued-by-iqbal-surv-but-for-only-r5-million\/"},"modified":"2022-10-20T14:08:04","modified_gmt":"2022-10-20T12:08:04","slug":"groundup-sued-by-iqbal-surve-but-for-only-r5-million","status":"publish","type":"post","link":"https:\/\/www.myza.co.za\/press\/groundup-sued-by-iqbal-surve-but-for-only-r5-million\/","title":{"rendered":"GroundUp sued by Iqbal Surv\u00e9 \u2026 but for only R5-million"},"content":{"rendered":"<div id=\"article_body\">\n<p><a class=\"bigger-image\" href=\"https:\/\/www.groundup.org.za\/media\/uploads\/images\/photographers\/Ashraf%20Hendricks\/SONA2019\/SONA2019-3704HR.jpg\" target=\"_blank\" rel=\"noopener\"><img decoding=\"async\" alt=\"Photo of Iqbal Surve\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/10\/groundup-sued-by-iqbal-surve-but-for-only-r5-million.jpg\"><\/a><\/p>\n<p class=\"caption\">The litigious Iqbal Surv\u00e9. Archive photo: Ashraf Hendricks<\/p>\n<p>GroundUp is being sued for R5-million by Iqbal Surv\u00e9, and Independent Media, Independent Online and Independent Newspapers. Surv\u00e9 is chairman of the Independent Media group.<img loading=\"lazy\" decoding=\"async\" alt class=\"leave\" height=\"1\" id=\"gu_counter\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/10\/groundup-sued-by-iqbal-surve-but-for-only-r5-million.gif\" width=\"1\"><\/p>\n<p>Surv\u00e9 is claiming damage to his reputation following the publication of our editorial: <a href=\"https:\/\/www.groundup.org.za\/article\/iqbal-surves-newspapers-take-side-lottery-crooks\/\">Iqbal Surv\u00e9\u2019s newspapers take the side of the Lottery crooks<\/a>.<\/p>\n<p>We subsequently published, in full, an energetic <a href=\"https:\/\/www.groundup.org.za\/article\/independent-media-responds-to-groundup\/\">response<\/a> to this editorial by Aziz Hartley, the Editor-in-Chief of Independent Media. Nevertheless, Surv\u00e9 served us with papers and we now join a comically large club of publishers and journalists who have been served or threatened with defamation papers by Surv\u00e9 or organisations under his control.<\/p>\n<div class=\"editor-summary\">Read Surv\u00e9\u2019s summons and claim <a href=\"https:\/\/www.groundup.org.za\/media\/uploads\/documents\/iqbal_surve_etc_v_groundup.pdf\">here<\/a>.<\/div>\n<p>In this article, we look at Surv\u00e9\u2019s case against us and the cases he\u2019s brought against other news organisations.<\/p>\n<p>Our editorial pointed out that Independent Newspapers \u2014 a group of titles owned and controlled by Surv\u00e9 \u2014 had displayed a clear bias towards the leadership of the National Lotteries Commission in its publication of a <a href=\"https:\/\/www.iol.co.za\/sunday-tribune\/news\/nlc-top-boss-charlotte-mampane-reflects-on-her-decade-long-service-704da58e-9df5-4aa5-8112-9f19cfc7d7c4\">series<\/a> of <a href=\"https:\/\/www.iol.co.za\/dailynews\/news\/national-lotteries-commissioner-forced-to-quit-due-to-political-interference-4ddb667a-9d5c-4550-97b4-5d855462a836\">interviews<\/a> with disgraced former Commissioner Thabang Mampane in August. These uncritical interviews gave Mampane a platform to defend her record. The month before, <a href=\"https:\/\/www.groundup.org.za\/article\/money-for-school-pays-for-lottery-bosss-golf-estate-home\/\">we revealed<\/a> that a Lottery grant had paid for her home on an elite golf estate. Later in the month Independent Online (IOL) published another article: <a href=\"https:\/\/www.iol.co.za\/dailynews\/news\/coo-dumps-national-lotteries-a-week-after-commissioner-resigned-537c1b24-da8d-46c4-87d8-6ff824384e19\">COO dumps National Lotteries a week after commissioner resigned<\/a> &#8211; which also lacks balance.<\/p>\n<p>In his claim against us, Surv\u00e9 says that GroundUp\u2019s editorial was \u201cwrongful and defamatory\u201d. He says that readers would be left with an impression that he and his publications:<\/p>\n<ul>\n<li>\u201cAre dishonest;<\/li>\n<li>Are bias and have political affiliation;<\/li>\n<li>Uses Independent Media and Independent Newspapers publications to further their own political and personal agendas to manipulate narratives;<\/li>\n<li>Corrupt or has engaged in corruption;<\/li>\n<li>Are unethical;<\/li>\n<li>Have acted illegally; and<\/li>\n<li>Are propagandists.\u201d<\/li>\n<\/ul>\n<p>Surv\u00e9 says that GroundUp should pay R5-million for this.<\/p>\n<p>GroundUp\u2019s operating expenses last year were less than R8-million.<\/p>\n<p>The <a href=\"http:\/\/www.saflii.org\/za\/cases\/ZANCHC\/2021\/30.html\">largest defamation award in South African history<\/a> is R800,000, set by the Northern Cape High Court in July 2021.<\/p>\n<h2>Litigation fixation<\/h2>\n<p>GroundUp is just the latest in a long line of news outlets and journalists who are being sued by Surv\u00e9 for reporting on the activity of his newspapers or his businesses. At least six news organisations have been sued in 2022 alone, including eMedia Holdings (owner of e.tv); Media24 (publisher of News24); the Daily Maverick; and Arena (publisher of the Sunday Times, Business Day and others).<\/p>\n<p>The most spectacular threat, and not in a good way, is the R500-million letter of demand against Ann Crotty, Ray Hartley, Business Day and Business Live by Surv\u00e9\u2019s African News Agency, <a href=\"https:\/\/www.iol.co.za\/business-report\/companies\/african-news-agency-to-sue-times-media-group-8120510\">announced in March 2017<\/a>.<\/p>\n<p>Then in 2019, labour journalist Terry Bell and Media24 were sued by Surv\u00e9 for R100-million for defamation related to a celebrated 2016 article in which <a href=\"https:\/\/www.news24.com\/Fin24\/fact-checking-iqbal-surves-bold-bio-leaves-more-questions-20160628\">Bell revealed<\/a> that Surv\u00e9 had routinely lied about his past and his claims to fame.<\/p>\n<p>Bell discovered, among other things, that<\/p>\n<ul>\n<li>Surv\u00e9 was not, as he had claimed (and <a href=\"https:\/\/www.sekunjalo.com\/dr-iqbal-surve\/\">continues to claim<\/a>), a personal doctor or friend to Nelson Mandela;<\/li>\n<li>Surv\u00e9 was not, as claimed, mentored by Ahmed Kathrada (\u201cI don\u2019t know the man personally,\u201d said Kathrada to Bell);<\/li>\n<li>Surv\u00e9 falsely claimed to be a \u201cFellow of the Prince of Wales\u2019s Business and Sustainability Programme\u201d;<\/li>\n<li>Surv\u00e9 falsely claimed to have received an award from Amnesty International;<\/li>\n<li>Surv\u00e9 falsely claimed to have been Bafana Bafana\u2019s \u201cmind coach\u201d for their African Cup of Nations victory in 1996; and<\/li>\n<li>Surv\u00e9 falsely claimed to be the Indian cricket team\u2019s \u201cmind coach\u201d.<\/li>\n<\/ul>\n<p>And there is much more. Bell\u2019s article is a modern classic and deserves to be re-read.<\/p>\n<p>The case against him did not proceed, Bell told GroundUp. \u201cMuch as I was looking forward to it, it was just another empty threat,\u201d he said.<\/p>\n<p>Then, in 2022, Surv\u00e9 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.<\/p>\n<p>E-SAT TV and eMedia Holdings are facing a suit, launched this year.<\/p>\n<p>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 Dewald van Rensburg and two by Chris Roper, Surv\u00e9 is suing for R1.5-million (R500,000 over three articles). Another goes after a Tim Cohen article, which Surv\u00e9 says is worth R1-million in damages. The third takes on Pieter-Louis Myburgh for R1-million for two articles. In all three, Branko Brkic, editor of the Daily Maverick, and Stylianos Charalambous, its CEO, are also cited. Brkic and Charalambous are also sued by Surv\u00e9 for R4-million, for an article and a LinkedIn post.<\/p>\n<p>Arena Holdings is facing three suits launched in 2022<\/p>\n<ul>\n<li>versus the Sunday Times, TimesLive, S\u2019thembiso Msomi and Bobby Jordan, Surv\u00e9 is claiming R2-million for general damages for alleged defamation;<\/li>\n<li>versus the Financial Mail, Businesslive, Rob Rose and Ann Crotty, he is claiming R1-million; and<\/li>\n<li>versus Business Day, BusinessLive, Lukanyo Mnyanda, Warren Thompson and Nick Hedley, he is claiming R500,000 for each of three articles.<\/li>\n<\/ul>\n<p>Wits University is also being sued for defamation. In 2021, Wits hosted the African Investigative Journalism Conference. A panel featuring amaBhungane journalists discussed Surv\u00e9 &#8211; and then everyone involved got served with a Surv\u00e9 defamation suit. Watch the offending video <a href=\"https:\/\/www.youtube.com\/watch?v=w4B37rTcFH4\">here<\/a>.<\/p>\n<p>Shirona Patel, Wits spokesperson, told GroundUp that, \u201cDr Surv\u00e9 and associated entities\/individuals are claiming R5-million each from the university. The university is opposing this claim.\u201d<\/p>\n<p>Anton Harber, Professor of Journalism Wits University, said, \u201cIn this case, Dr Surv\u00e9 is attacking speakers for things said at a university conference. This is a direct and unprecedented attack on academic freedom. It is a case that is likely to set legal precedent &#8211; hopefully to shore up the university\u2019s freedom to explore ideas and knowledge without such harassment.\u201d<\/p>\n<p>Surv\u00e9 has also issued dozens of threats of litigation.<\/p>\n<p>The Daily Maverick\u2019s publisher Styli Charalambous says in a <a href=\"https:\/\/www.dailymaverick.co.za\/opinionista\/2022-03-09-iols-actions-are-a-slapp-in-the-face-of-free-speech-and-the-press-code-of-ethics\/\">March 2022 opinion piece<\/a> that the news house has been issued with 15 such threats. Even cartoonist Zapiro has received one.<\/p>\n<p>In May this year, NB Publishers, who in October 2019 published Paper Tiger, an account by Alide Dasnois* and Chris Whitfield of Surv\u00e9\u2019s takeover of Independent Newspapers, received a letter of demand from Surv\u00e9. News organisations that published extracts of the book were also served with letters.<\/p>\n<p>This, said Gys Visser from NB Publishers, was \u201ca clear attempt at intimidation\u201d. He told GroundUp that the company hadn\u2019t heard anything from Surv\u00e9\u2019s attorneys \u201cin quite some time\u201d.<\/p>\n<h2>SLAPP in the face<\/h2>\n<p>Charalambous argues that the letters of demand and lawsuits brought against the Daily Maverick at Surv\u00e9\u2019s 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.<\/p>\n<p>In February, the <a href=\"https:\/\/www.groundup.org.za\/article\/concourt-reserves-judgment-on-appeals-slapp-defamation-case\/\">Constitutional Court heard<\/a> a matter that relates to the use of litigation to silence dissenting voices &#8211; Mineral Sands Resource Pty Ltd v Rendell &amp; Others. Judgment is yet to be delivered<\/p>\n<p>Willem De Klerk, an attorney representing Arena, Daily Maverick and amaBhungane against Surv\u00e9, says they have filed a special plea that Surv\u00e9\u2019s suits are effectively SLAPP suits, \u201can abuse of process, namely a campaign against the media\u201d. Action in Surv\u00e9\u2019s suits has been suspended pending the outcome of the Constitutional Court matter.<\/p>\n<p>\u201cThe amounts claimed by Surv\u00e9 are patently exorbitant which Surv\u00e9 knows he would not realistically or even remotely be awarded by the courts, which in our view underscores the abusiveness of the campaign,\u201d said De Klerk.<\/p>\n<p>It is difficult to understand how Surv\u00e9 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 \u201cdamage\u201d done by GroundUp is set at R5-million, while Business Day, BusinessLive, Lukanyo Mnyanda, Warren Thompson and Nick Hedley, are being sued for R500,000 for each of three articles. Why is Ann Crotty being sued for R1-million in 2022, when in 2019 a suit against her was worth R500-million?<\/p>\n<p>GroundUp sent Surv\u00e9 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.<\/p>\n<p>In response, his lawyers, Abrahams Kiewitz Inc. informed us: \u201cOur client will not comment on the matters you refer to, as they are before court.\u201d<\/p>\n<p><a href=\"https:\/\/www.groundup.org.za\/article\/government-officials-cannot-hide-behind-the-sub-judice-rule\/\">Huh?<\/a><\/p>\n<p class=\"disclaimer\">* Disclosure: Dasnois is associate editor of GroundUp<\/p>\n<\/p><\/div>\n<div id=\"article_copyright\">\n<p>\u00a9 2022 GroundUp. This article is licensed under a <a href=\"http:\/\/creativecommons.org\/licenses\/by-nd\/4.0\/\" rel=\"license\">Creative Commons Attribution-NoDerivatives 4.0 International License<\/a>.<\/p>\n<p>You may republish this article, so long as you credit the authors and GroundUp, and do not change the text. Please include a link back to the original article.<\/p>\n<p>We put an invisible pixel in the article so that we can count traffic to republishers. All analytics tools are solely on our servers. We do not give our logs to any third party. Logs are deleted after two weeks. We do not use any IP address identifying information except to count regional traffic. We are solely interested in counting hits, <b>not tracking<\/b> users. If you republish, please do not delete the invisible pixel.<\/p>\n<\/p><\/div>\n<p><img decoding=\"async\" src=\"http:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/10\/groundup-sued-by-iqbal-surve-but-for-only-r5-million.jpg\"><a href=\"https:\/\/www.groundup.org.za\/\">Source: GroundUp<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The litigious Iqbal Surv\u00e9. Archive photo: Ashraf Hendricks GroundUp is being sued for R5-million by Iqbal Surv\u00e9, and Independent Media, Independent Online and Independent Newspapers. Surv\u00e9 is chairman of the Independent Media group. Surv\u00e9 is claiming damage to his reputation following the publication of our editorial: Iqbal Surv\u00e9\u2019s newspapers take the side of the Lottery [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":240651,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[9928],"tags":[28001],"class_list":{"0":"post-240650","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-groundup","8":"tag-groundup","9":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/www.myza.co.za\/press\/wp-content\/uploads\/2022\/10\/groundup-sued-by-iqbal-surve-but-for-only-r5-million.jpg","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/240650","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=240650"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/240650\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media\/240651"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=240650"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=240650"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=240650"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}