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Sunday 18 November 2018
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Court to help Tjivikua, partner settle money fight

Following assistance from the High Court, renowned academic Professor Tjama Tjivikua and his wife, Neveara will pursue a court-connected mediation to settle money disputes with a fixer who landed them a Chinese investor.
Court connected meditation is a process by which a mediator assists the parties in a legal dispute by facilitating discussions between the parties, assisting them in identifying issues, exploring areas of compromise and generating options in an attempt to resolve the dispute.
An email seen by The Patriot indicates that the Tjivikua couple wanted to start a project that will have 80 apartments, four retail areas and 105 spaces in Windhoek but they failed to raise the capital for his project mixed use development in Khomasdal. Tjaronda landed a Chinese investor for the N$20 million property deal, saying he is owed 10% of the total deal.
The Tjivikuas are aggrieved by Tjaronda’s social media publications and they want Tjaronda to unconditionally withdraw each statement he made on social media, saying the defamation is seriously aggravated by the fact “that to your knowledge, there is no agreement between our clients and the alleged person(s) who you allegedly solicited on behalf of our clients.”
Appearing before Judge Harald Geier on Monday, the two parties were wrapped over their knuckles for dragging their dispute to court.
The Tjivikua’s wants the court to grant an interdict preventing Tjaronda from posting any derogatory statements on social media. They also threatened to lodge a defamation case against him, if he continues.
During the proceedings, Geier seemed somewhat perplexed regarding the case before him. Geier wanted to know why the Tjivikuas did not out rightly open a case of defamation against Tjaronda instead of seeking for an interdict to prevent him from “defaming” them again.
Geier also asked Tjaronda why he did not institute legal proceedings to get his money instead of resorting to Whatsapp messages.
Represented by lawyer Elize Angula, the Tjivikua couple were seemingly fed up with Tjaronda’s repeated social media outbursts over money, they allegedly owe him for the property deal.
“Mrs. Angula your client brought this application for interim relief, but on my reading of papers, a lot of what has happened is already out there in the public domain and I must say that aspect concern me because the damage you want to prevent is seemingly already done. What we are in essence dealing with is interdiction for future postings. When you come complaining about defamation, this is what I found missing, I want to know whether your clients are intending to institute action for defamation, especially now that they have come to court complaining so bitterly that they have been defamed, one would expect them to lodge an action,” said Geier.
Angula said “at time of bringing this application it was preceded by preliminary attempts to stop the defamation acts and a letter was even addressed to the respondent to stop, but it did not help.
If such publication was stopped we would not have been here,” said Angula.
Geier then asked what Angula would do if an interdict is not granted and whether she will proceed in opening a defamation case.
“It is not of the cards, the underlying agreement being disputed should be resolved. The parties can discuss with restraining order in place,” she said.
Geier then turned to Tjaronda’s lawyer, Tinashe Chibwana from Sisa Namandje and Co, questioning him as to why Tjaronda did not institute action for payment.
“This matter has been simmering, why Whatsapp people for money, what type of a person acts like that?” questioned the judge.
Chibwana responded: “He intends to. There is no abusive language or tone in the messages, there’s been an attempt to mediate on the issue before following the costly process of litigation.”
Geier, in his response stated that “if there’s willingness to negotiate on commission, and the parties have an idea how to go about process, then one can consider giving an undertaking pending outcome of this process… Go speak to your clients and take the steam out of this application with risks on both sides.  Of course there is no obligation to agree and an agreement should be reached without prejudice. I want to see if  a solution along those lines can be achieved, that’s the matured manner to go about this”.
Angula said her clients are prepared to reach an agreement with Tjaronda, however “it is difficult to reach such an agreement if the respondent continues like that[making defamatory statements]”.
Tjaronda then made an undertaking not to issue any statement or allegation related to applicants on any social media platforms, pending the outcome of the envisaged mediation process contemplated.
“There is an opportunity to see if sanity can prevail, when I look at papers one can see the dispute in the background. I suggest that the parties consider a court connected mediation, there will be an independent mediator to assist the parties to find a solution and depending on the outcome of mediation an undertaking will be given,” said Geier.




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