Advocate Dieter M. Achtzehn
Chambers Eight South
Eighth Floor
6 Durban Club Place
DURBAN 4001
SOUTH AFRICA
Email : dieterm@worldonline.co.za
To whom it may concern:
I have been asked to prepare a statement on behalf of Mission KwaSizabantu which is based on my instructions and which expresses the opinion of the Mission.
STATEMENT OF MISSION KWASIZABANTU IN RESPECT OF OUR RECENT LITIGATION
As many of you may be aware Mission Kwasizabantu recently instituted an application in the High Court against Barney Mabaso, Phangumusa Mntungwa, Trevor Dahl former Ministers of the Mission, and Bodo Stegen and Mattias Lübke. The decision to resort to the High Court against the individuals mentioned above was not taken lightly and was prayerfully considered after numerous meetings and a lot of prayer and thought had gone into it.
BACKGROUND
Barney Mabaso and Phangumusa Mntungwa together with their congregation broke away from Mission Kwasizabantu quite some time ago. Despite numerous attempts to settle the differences between them and the Mission they persisted in their actions. The Mission sent various delegations to try and speak to them but these were only met with resistance and finally when they were asked to come to meetings to discuss the problems at the Mission they refused to attend. After somebody had proposed that “we speak again”, Mr B. Mabaso’s last words were: “I break all ties with Mission Kwasizabantu. I don’t want to speak again – let me go my way”. What was however disturbing was that the individuals mentioned above started making serious untrue and in our opinion defamatory allegations against the Mission, Erlo Stegen and Dieter Stegen and using these amongst others to justify their actions.
In essence:
1. accusing Dieter Stegen of being the father of an illegitimate child; and
2. accusing the Mission of covering up this sin and not dealing with it in an appropriate manner.
These allegations, amongst others, were made both throughout the Republic of South Africa as well as abroad. Despite numerous attempts to get them to stop with their lies and defamation they continued to do so.
It is of course common knowledge that Dieter Stegen is not the father of an illegitimate child, this having been confirmed also by DNA test done by Dr Reddy of the Natal Blood Transfusion Services, a copy of whose affidavit is available on request. The DNA test showed that with 100% certainty Dieter Stegen could never have been the father of this child.
THE APPLICATION
In order to bring a stop to the continuous statements of these individuals, the Mission consulted a Christian attorney as well as a Christian advocate and an application was drawn and launched in the High Court for KwaZulu-Natal, sitting in Pietermaritzburg. In essence seeking an order restraining the above-mentioned individuals from continuing with what the Mission regarded as defamatory statements as set out above. This application was opposed and there were numerous Court applications.
OUTCOME OF THE APPLICATION
The Mission was successful in what it sought to achieve by bringing the application, in that all the Respondents agreed not to make the offending statements which were contained in paragraph 34 of the Mission’s papers.
I now quote undertakings, in writing, given by all the Respondents in their affidavits. Barney Mabaso, in his affidavit, stated that
“… and undertake not to make any statements of the nature and in terms set out in paragraph 34 of the Third Applicant’s affidavit.”
Phangumusa Mntungwa stated in his affidavit:
“… I have no intention to and undertake not to make any statements of the nature or in the terms set out in paragraph 34 of the Applicant’s affidavit.”
The same undertaking is given by Bodo Stegen:
“I do not intend making statements of the nature set out in paragraph 34 of the Third Applicant’s affidavit and undertake not to make any such statement.”
Same is true of Mattias Lübke he states:
“I confirm that I have no intention of making any statements to the nature or effect set out in paragraph 34 of the Applicant’s affidavit and undertake not to do so.”
The same is true of Trevor Dahl, the Fifth Respondent, in paragraph 10 of his affidavit in dealing with the allegations in paragraph 34 of Erlo Stegen’s affidavit says the following:
“I do not intend making such statements and undertake not to make such statements.”
Having achieved what it set out that is silencing the Respondents in this respect, the Mission had the following choices:
1. sue the Respondents for monetary damages;
2. pursue the application which would have been referred to trial in order to obtain a costs order against the Respondents;
3. having achieved what it set out to do, abandon its quest for a costs order in its favour in favour or not continuing with what would have been long drawn out litigation between the parties.
The Mission opted for the last option as it was felt that it was not compatible with the Scriptures and the spirit of the Mission to now pursue the Respondents for costs. However on withdrawing its application since the Mission was not going to fight the question of costs and therefore it not being resolved by the Court, it had to also tender the wasted costs of the Respondents. In a gesture of goodwill, the Mission tendered the costs together with its withdrawal of the application.
The Mission has been vindicated in this litigation in that it has received written undertakings from the Respondents to stop their defamation. With this it has rested its case.
Appendix One – Paragraph 34
34.1 Dieter Stegen has had and is having an unduly intimate relationship with Khululiwe Mkhwanazi a result of which Paul Mkhwanazi has been born, who is Dieter Stegen’s child.
34.2 This is not compatible with Dieter Stegen being a member of Kwasizabantu and being a married man with a family.
34.3 Mission Kwasizabantu is an accessory to this sin, in that Erlo Stegen knows it to be true that his nephew Dieter Stegen has fathered Paul Mkhwanazi but chooses rather to deny it and cover it up rather than deal with it as he should.
34.4 Mission Kwasizabantu, Erlo Stegen, his leaders and Dieter Stegen are therefore guilty of this great sin and if they do not repent then the various members of Kwasizabantu as well as its supporters should resign from the Mission and stop supporting the Mission.
34.5 They should certainly stop giving financial donations to the Mission until Erlo and Dieter have made a public apology and have publically repented of their sins.