WHEREAS Plaintiff instituted proceedings in the above Honourable Court against the Defendants for defamation allegedly arising from a publication by the Defendants on 18 – 24 February 2016.
AND WHEREAS the Defendants filed the notices to defend this matter and special pleas and pleas.
AND WHEREAS the parties have referred the dispute to court-connected mediation in terms of Rule 38 read together with PD 19;
AND WHEREAS the parties have now arrived at an all- inclusive agreement in settlement of their dispute, which agreement the parties hereby desire to record in writing and have made an order of court.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
1. Defendants hereby agree and undertake to publish an apology in their newspaper as well as on their website within fourteen (14) days after this agreement have been made an order of court.
2. Both parties agree and accept that the content and wording of the apology shall be as follows:
“Reference is made to the article headlined: “Minister’s name used to defraud Gvt in N$7m Loudima Contract.. ..llukena fingered in another tender irregularity” in our publication of 18-24 February 2016. In so far as the article might have created the impression that Mr. l/ukena is corrupt, we hereby tender our unconditional apology for any harm which might have been caused to his name and reputation as a result of the said article.”
3. Plaintiff and Defendants agree that the compliance with para. 1(supra) herein as a settlement of the claim as set out above is in full and final settlement of all claims arising from the action instituted by the Plaintiff against the Defendants. The parties agree that they shall have no further claims of whatsoever nature against each other, except for the herein mentioned claim.
4. No amendment, additional variation of this settlement shall be of any force or effect unless same is reduced to writing and signed by both parties.
5. No indulgence or latitude granted by Plaintiff to the Defendant in any manner whatsoever in regard to the Defendants’ performance in terms of this settlement agreement shall in any manner whatsoever prohibit the other party from fully and efficaciously enforcing their rights in terms of this settlement agreement.
6. Both parties agree that each party shall bear their own legal costs incurred herein.
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