Former MTN SA boss Maanda Manyatshe and a forensic consultant he hired to clear his name, but allegedly never paid, will meet up in the Western Cape High Court to argue technicalities in a R6.2 million claim against Manyatshe.
Manyatshe is being sued by Bart Henderson, CEO of Henderson Solutions, for as much as R6.2 million, after allegedly not paying the consultant, having hired him to clear his name of allegations of corruption and fraud. He had until close of business on 10 November to file his defence with the court, but instead filed an exception to Henderson's claim.
The exception, which argues there are technical problems with areas of Henderson's filing, will be heard by the court next year. Henderson's lawyer, Louise Viljoen, says she is preparing for a hearing and waiting for a court date.
Viljoen explains that court goes into recess in the middle of the month and, as a result, the issue is not likely to be heard this year. Viljoen says the exception will either be thrown out, or result in Henderson's plea being amended.
After that, she says Manyatshe will have to file his defence within days, and if he again fails to do so, she will apply for a default judgment against him.
Wasted time
Manyatshe hired Henderson about four years ago, after facing charges of fraud from former employer, the South African Post Office (SAPO). Manyatshe left SAPO to head up MTN SA in 2004, and then became embroiled in a legal dispute with the post office, after questions were raised about a R2 billion tender he awarded.
Manyatshe subsequently sued SAPO for R270 million for reputational damage. Henderson's claim indicates Manyatshe left MTN early as a result of the damage to his name and extraordinary stress.
However, Henderson says he has not been paid by Manyatshe, despite an agreement that he would earn 10% of the settlement with SAPO. Manyatshe settled for an apology, which would only entitle Henderson to 10% of nothing, a settlement Henderson says he would never have sanctioned.
The forensic consultant is claiming R6.2 million, based on the 450 days he spent working on the legal wrangle. He also claims an alternative amount of R5.4 million, which he could have earned had he not wasted hours working on Manyatshe's case.
Manyatshe was not contacted for comment, as he has previously asked ITWeb not to call him again.
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