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Manyatshe runs out of time

Nicola Mawson
By Nicola Mawson, Contributing journalist
Johannesburg, 08 Nov 2010

Former MTN boss Maanda Manyatshe is running out of time to file his papers to fend off a R6.2 million lawsuit.

Forensic auditor Bart Henderson filed legal action against Manyatshe, after Henderson was allegedly never paid for work he undertook on the former MTN SA boss's behalf. However, despite saying early last month that he would defend the lawsuit, Manyatshe has yet to file a plea with the court, and now has until Wednesday to do so.

Manyatshe hired Henderson about four years ago to clear his name, after facing charges of from the South African Post Office (SAPO). However, Henderson alleges he has not been paid for the work he did.

Missed deadlines

Henderson's lawyer, Louise Viljoen, said on Friday afternoon that Manyatshe was meant to file his plea with the court last week, but failed to do so. As a result, she says, a “demand for plea” was filed against Manyatshe, who has until Wednesday to respond.

Viljoen explains that if Manyatshe fails to lodge his side of the legal battle with the court by Wednesday, she will ask the judge to return a default judgement. Viljoen adds that a plea sets out the respondent's case and, without it, there is no case and the lawsuit cannot be defended.

Accusations fly

The allegations against Manyatshe related to a controversial refurbishment contract, worth R2 billion, which Manyatshe awarded to Vision Design House during his time at SAPO. The allegations were contained in damning media articles, in which then SAPO CEO Khutso Mampeule accused Manyatshe of fraud.

Manyatshe subsequently sued the post office for R270 million for reputational damage. Henderson's court papers indicate Manyatshe agreed to pay 10% of any settlement amount.

However, Henderson's court papers say Manyatshe settled for a written apology - a deal Henderson would never have sanctioned, despite an agreement that he would be involved in the settlement.

Henderson claims 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 based on the hours he wasted working on Manyatshe's case.

Manyatshe on Friday afternoon refused to comment on whether he would file a plea, saying: “I'm a private person. I'm not going to comment on that in public.” He also accused ITWeb of being Henderson's “friend”.

Related story:
Former MTN boss sued for R6m

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