JOHANNESBURG – The High Court in Johannesburg has granted an interdict against a Deelkraal Village resident, barring him from publishing false and defamatory statements against mining giant Harmony Gold Mining Company Limited on social media platforms.
In a judgment delivered on 21 July, Judge L.R. Adams ruled that allegations made by Frederik Johannes van As claiming Harmony Gold was responsible for Eskom disconnecting electricity to Deelkraal Village were false and defamatory.
However, the court refused to interdict other explosive claims, finding evidence to suggest they contained substantial truth.
History of Deelkraal Village a complex one
The dispute arose following a complex history involving the Deelkraal Village township, situated near Harmony’s mining operations in Randfontein. In 2009, Harmony sold portions of the village to the Deelkraal Behuising Trust (DB Trust), which was tasked with managing utility services. After the trust failed to secure a direct contract with Eskom, Harmony remained tied to a pre-existing supply agreement. Following years of unpaid utility debts and infrastructure interference, Harmony cancelled the agreement, leading Eskom to cut power to the village on 15 August 2025.
Three days later, Van As posted voice notes to a community WhatsApp group of 330 members. He accused Harmony of being behind the blackout, establishing an alleged “criminal syndicate” to destabilise the trust, committing “economic terrorism,” and claiming Harmony property manager John Machete had instructed people to “shoot” Van As and burn his offices.
Harmony Gold launched an application seeking a declaratory order that the statements were false, an interdict against further harassment, and a “take-down” order for existing posts.
Some statements found to be false, some not
Evaluating the evidence, Judge Adams found that Van As’s claims regarding electricity disconnections were demonstrably false, as Harmony was legally entitled to terminate its Eskom contract. Consequently, the court issued an interdict restraining Van As from continuing to publish false statements about Harmony or threatening its staff.
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However, the court refused to declare the statements regarding “shooting threats” as false. Transcripts presented to the court revealed a meeting where Machete made ambiguous remarks about creating “fire” and explicitly uttered the words “shoot him” in reference to legal delays caused by Van As. Judge Adams noted that Machete had fuelled community tensions and hinted at physical violence, meaning Van As’s characterisation of those events was not made with malicious falsity.
Relying on Supreme Court of Appeal precedent, Judge Adams also declined to grant a “take-down” order for previous posts.
Considering that both parties achieved partial success, the court ordered each party to pay their own legal costs.
