17 April 2025
A Durban-based solar panel company changed its company description shortly before successfully applying for a gagging order against whistleblowers. Photo: Steve Kretzmann
The description on Durban-based solar panel company ARTsolar’s website was changed shortly before it launched its application for a gagging order against journalist Bongani Hans and three whistleblowers.
The company issued the application for the order on 24 March, and acting Judge Perlene Bramdhew granted the order two days later.
Internet archiving site Wayback Machine reveals ARTsolar changed the company description on its homepage at some point between 27 February and 19 March, shortly before it launched its application for the gagging order. The company changed its description from: “As a local manufacturer of solar PV modules (solar panels), we are equipped to provide you with world class solar related products that are internationally certified, locally certified and are locally guaranteed.”
to: “As a local manufacturer / assembler of solar PV modules (solar panels) and distributor of solar related products, we are equipped to provide you with world class products that are internationally certified, locally certified and are locally guaranteed.”
KwaZulu-Natal businessman and former ARTsolar client Brett Latimer and former ARTsolar employees Kandace Singh and Shalendra Hansraj were barred in terms of an interim interdict granted by Durban High Court Acting Judge Perlene Bramdhew, from making claims that the company conducts its business unethically and dishonestly.
In terms of the same order, Hans, who works at Independent Media, was also gagged from publishing their allegations.
Latimer, who bought solar panels from ARTsolar, alleged the company told him the panels were locally made when, in fact, they were imported from China.
Latimer stated in his affidavit that ARTsolar was trying to stop Hans from publishing a story on the issue. Latimer argued “there is no evidence that any possible publication is defamatory and it is yet to be established that the alleged defamation complained of is unlawful”.
A supporting affidavit by Hansraj says the company was importing 95% of its solar modules from China when he was working there between July 2019 and January 2024. The affidavit states this was “contrary to its marketing material, company overviews and sales pitches”.
In his affidavit, ARTsolar chairman Bebinchand Seevnaryan stated there was never any “contractual undertaking or representation as to where the panels were built”.
Acting Judge Bramdhew’s interdict also barred Latimer, Singh and Hansraj from making “defamatory” allegations to the Industrial Development Corporation (IDC), which had begun investigating their allegations.
Last week, the Industrial Development Corporation (IDC) — which had provided R90-million funding for ARTsolar’s New Germany factory — launched urgent proceedings saying the gagging order was hampering its investigation into the allegations.
Acting Judge Paul Wallis agreed that the IDC should have been joined in the original proceedings, he ruled that “there is no absolute right to be protected from being the subject of defamatory allegations” and given the aims and objectives of the IDC, the prohibition was not justified.
He amended the order, removing the reference to the IDC, leaving it free to continue its investigation.
In an interview with GroundUp, Seevnaryan said the IDC funding agreement “does not contain any term by which ARTsolar is obliged to manufacture any quantities of panels locally”.
IDC spokesperson Chimwemwe Mwanza said the funding was for the upgrades of ARTsolar’s existing “solar assembly and manufacturing plant” in Durban.
The plant upgrade would “enhance localisation and import substitution, among other outcomes,” said Mwanza.
He said the IDC’s funding agreement did not specify how many solar panels ARTsolar needed to produce locally.
Regarding the IDC being removed from the gagging order, Mwanza said the ruling allowed the veracity of the allegations against ARTsolar to be investigated.
“At this stage, the IDC has not established any wrongdoing by this company,” he said.
Asked for comment, ARTsolar’s Seevnaryan wrote: “As we are currently dealing with multiple issues related to this litigation, we believe it would be ill-advised for us to be entering into any correspondence in this regard without due consideration. ARTsolar will abide by the court decisions and will not undermine this process by arguing the merits of the case in the media.”
The return date for finalisation or dismissal of Bramdhew’s interim interdict is 29 July.