[Community-Discuss] SC/COM/WRT/000454/2022

Paul Hjul hjul.paul at gmail.com
Fri Jul 8 15:50:35 UTC 2022


Hi all,

Ordinarily I would be commenting on the litigation in either a personal or
on behalf of the company capacity and I would be speaking about how
important the Rule of Law and so on is. However as Crystal Web is a
litigant and I am an affiant additional caution to avoid infringing on best
practice around sub iudice is needed. Therefore other than putting out what
is a matter for public domain which has not been otherwise released please
don't expect reporting or comment from me.

I have noted some fairly mischievously inaccurate straying from what the
court ordered and it has simply reached a point at which instructions to
caution as to ignoring the order and acting with contempt was reached and
such letter issued.

The attached is correspondence addressed by the attorneys acting on behalf
of Crystal Web and is now public record. Hopefully it won't be necessary to
take further steps but it shouldn't have been necessary for a Court to have
to state the obvious fact that the Company does not as a matter of law have
a Board. It should also not be necessary to issue a letter warning of
contempt proceedings. Sadly it is.

Moreover it is hoped that nobody will be fooled into ignoring the court
order on some misguided nonsense. Quite simply there is no "but a director
told me I could" defense against liability that would arise from ignoring
the order that holds that the board is not as a matter of law in existence.
It is public knowledge that the Board is not composed and that powers
flowing from the Board cannot be exercised.

I trust it will be understood that while ordinarily I'd happily comment and
engage but under the circumstances the Mauritius attorneys and barristers
have to do the talking.

Paul
Crystal Web (Pty) Ltd
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