Court Orders Shipping Company to Reveal ARTsolar’s Import Details
Gagged Businessman Seeks Proof of Solar Panel Import Claims
Shipping company subpoenaed in ongoing legal battle over solar panel manufacturing claims
- Brett Latimer seeks to prove ARTsolar imports panels while claiming local manufacturing
- Durban High Court dismisses ARTsolar’s attempt to block subpoena of shipping records
- Case raises questions about freedom of expression and local manufacturing claims
The Legal Battle Intensifies
Businessman Brett Latimer, who was gagged by the Durban High Court from alleging that ARTsolar imports solar panels rather than manufacturing them, is now seeking to prove his claims through shipping records.
Latimer’s legal team issued a subpoena to Turners Shipping, demanding documents detailing ARTsolar’s imports over four years. ARTsolar attempted to block this move with an urgent court application, but Acting Judge Mimie Menka dismissed their request and ordered the shipping company to provide the documents within five days.
Background of the Gag Order
The original gag order, granted in March, prevents Latimer and two former ARTsolar employees from claiming the company misrepresented its manufacturing operations. The order also barred journalist Bongani Hans from reporting on these allegations.
Judge Perlene Bramdhew specifically prohibited the whistleblowers from communicating with the Industrial Development Corporation (IDC), which provided R90 million in funding for ARTsolar’s New Germany factory. However, the IDC later successfully petitioned to have this restriction removed so it could investigate the claims.
Conflicting Claims Emerge
ARTsolar maintains the whistleblowers – including Latimer’s girlfriend and a former employee now working for him – are acting maliciously. Company chairman Bebinchand Seevnaryan called the subpoena a “vendetta,” stating the individuals have no legitimate interest in the company’s import records.
However, the whistleblowers argue the shipping documents are crucial to determining whether ARTsolar imports 95% of its solar panels from China while claiming local manufacturing. They’ve also mounted a constitutional challenge against the gag order, arguing it violates freedom of expression.
Government and Media Involvement
Minister of Trade, Industry and Competition Parks Tau has acknowledged the allegations, thanking Latimer for his “ethical conduct” in exposing potential violations of local content requirements. The amaBhungane Centre for Investigative Journalism has also sought to join the case as an amicus curiae.
The interim gag order will be reconsidered at the end of July, while the shipping documents could provide critical evidence in this ongoing legal and ethical dispute about South Africa’s solar manufacturing sector.