ENSafrica appeared in the press today in relation to a settlement agreement involving SAA and a Mr O'Sullivan, a private investigator in South Africa. In this matter, ENSafrica represented SAA and Ms Dudu Myeni (in her capacity as chairperson of SAA) in a dispute between her and Mr O'Sullivan. Subsequently, Mr O'Sullivan alleged that ENSafrica had caused him harm during the currency of those proceedings and in the context of our firm's provision of legal services.
He alleged that ENSafrica's assistance to Ms Myeni contributed directly to his unlawful arrest, detention and malicious prosecution, and that this caused him physical harm and monetary damages. ENSafrica denied the allegations.
To resolve matters, the dispute was referred to an independent senior counsel acceptable to both parties, for final adjudication (at the cost of ENSafrica). Before that process was finalised, Mr O'Sullivan approached us through the offices of the senior counsel and proposed a settlement.
The settlement was motivated by the realisation that all parties could avoid a long, drawn out hearing, and thereby minimise the costs; and ENSafrica did not admit to any liability or wrongdoing. The settlement was both recommended and facilitated by the independent senior counsel. As a matter of principle and legal ethics, we do not buy anybody's "silence" and do not believe that Mr O'Sullivan is susceptible of being bought by anybody.
Our decision to cease acting for Ms Myeni was not in any way connected with either the dispute or the settlement with Mr O'Sullivan. The factors which led to our withdrawal arose some time prior to the settlement with Mr O'Sullivan.
From a governance perspective, ENSafrica is satisfied that we complied with all of our internal governance protocols both in the management of the dispute and the settlement. We are of the view that all of the work for SAA was above board and we stand by the work we delivered to SAA.
Originally published 11 Jun 2020.
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