02 Nov MEDIA STATEMENT – Vision View Production

1. It is with shock and dismay that Vision View Production CC (“Vision View”) learned last night about the false and defamatory statements made by the Special Investigative Unit (SIU) on various public platforms.
2. A member of the SIU was interviewed on Power FM’s afternoon drive by Thabiso Tema and during that interview, he made the following statements defamatory of and concerning Vision View:
   • that the agreement between SABC and our client (“the services agreement’’) was set aside by the court on Friday, 9 November 2018 because of an alleged corruption between Vision View and SABC; and
   • that SIU will embark on a process of recovering about R52 million rand from Vision View.

(“the defamatory statements”)

3. SIU and SABC made an application to the Johannesburg High Court under case number 15870/2018 in which it requested the court to set aside the services agreement and for Vision View not to be recognised as service provider to the SABC (“the application”).
4. The application was argued on Monday, 5 November 2018 and judgment was handed down by the court on Friday, 9 November 2018. The court held as follows:-
   • it was not contended for by SIU and there was no evidence to suggest that there was collusion, corruption or irregular conduct which brought about and facilitated the conclusion of the services agreement between Vision View and SABC;
   • there was no conduct before, during and after the conclusion of the services agreement which is questionable, on the part of Vision View or that Vision View was opportunistic or had sought to snatch a lucrative contract from the SABC;
   • the services agreement be set aside due to the SABC not having followed its own procurement policy (which is not fault of Vision View considering that Vision View was assured by the SABC that it was appointed under a deviation process, and the services agreement was approved by the SABC’s legal department);
   • Vision View has substantially performed in terms of the services agreement, to the tune of about 95% and the fact that the services procured may not have been required, planned for, cannot be placed at Vision View’s door;
   • the services agreement be set aside for non-compliance with SABC’s procurement policy, however, such shall not divest Vision View of its rights flowing from the due performance of the services agreement;
   • Vision View and SABC have been ordered to continue with the arbitration proceedings which was initiated by Vision View for payment and is pending before a retired Judge so that the arbitration can determine:
     • the performance which is being disputed by SABC; and
     • the payment due to Vision View.

5. There is no legal process by SIU to recover any money from Vision View, to the contrary, Vision View will be resuming the arbitration proceedings which had been suspended pending the outcome of this application, in order to seek payment for the services rendered to the SABC.
6. Thus, the statements made by SIU are false and defamatory and we have instructed our attorneys to demand a retraction and an apology from SIU, failing which we will institute an action for defamation.

Dated at Randburg on Tuesday, 13 November 2018

Issued by: Vision View Production Representative