Moneyweb was able to gain access to the heavily guarded, membersonly event by purchasing a bootleg ticket
outside the entrance to the auditorium (see photos below).
Proceedings began with recitals of hymns and prayers. After music played by a Sowetan music group, to which
members sung and danced, Walker entered the stage to a roar of support from the crowd.
'You are going to make me cry,' were the opening remarks to a very short speech.
In his address, Walker explained that members' monies had been frozen and that no withdrawals from the scheme
would be possible 'until the investigation is complete.'
He explained in the vaguest of terms that the situation had now become 'a legal matter' and that he had appointed a
top attorney to represent the company during the proceedings.
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However, he provided members with no explanation of what had led to the current status of events or made no
attempt to justify the legitimacy of the scheme.
'There is nothing more I can say.'
No questions were taken from the crowd.
He did, however, suggest that once the legal proceedings had concluded members would once again be able to
withdraw funds from the scheme.
To this the crowd murmured in support.
Following this very brief explanation, Walker asked members if they were 'angry' to which unanimous agreement was
heard.
He then urged that no single party, be it the banks or the media, be blamed for the situation and that calm and
responsible behaviour be maintained by members.
He did urge members not to listen to 'rumours' and suggested that Defencex is not a company but that Net Income
Solutions is.
Defencex does not pay tax, he said, but Net Income Solutions does.
'I am going through a very difficult time,' he said, to which sympathetic utterances could be heard in the crowd. 'I
need to know that I have your support,' he entreated.
Support was clearly granted.
Walker then guided the crowd through a 'visualisation' exercise.
Members where reminded to stay positive and happy with Walker explaining that it is impossible to have both a
positive and negative thought in one's mind at the same time.
For the purpose of guiding members towards positive thoughts, they were asked to visualise the construction of the
new Net Income Solutions offices in Cape Town.
The exercise ended with members being asked to visualise the time when they could again be able withdraw funds
from the scheme.
'I love you all,' said Walker as he departed to the cheers of the crowd.
As this journalist left the auditorium one of the 'experts in happiness,' a member from Laugh SA, took the microphone
to explain the power of joy before spontaneously releasing everintensifying barrages of artificial laughter into the
crowd. After some brief hesitation, members of the crowd could be heard beginning to join in."
[47] Mr Rees wrote Moneyweb 6 after he had attended an event held at the University of the Witwatersrand. The
event was organised so that Mr Chris Walker, the head of an investment scheme known as Defencex, could
address participants in the scheme. It was the first time that Mr Walker had spoken in public about the
scheme. Although the event was open only to participants who had purchased tickets, Mr Rees managed to
gain access by purchasing a ticket for R800.
[48] Mr Rees states that Moneyweb 6 and Moneyweb 7 (below) "are original works and required my independent
effort, skill and expertise to write." Having written Moneyweb 6, Mr Rees consulted with Ms Seggie and Mr Van
Niekerk. Together they discussed a headline for the article. Ms Seggie wrote the headline.
[49] Although Mr Rees repeats the mantra common to all the confirmatory affidavits, I am satisfied that the facts
adduced over and above the mantra do establish that Moneyweb 6 is an original work. The Defencex event
Page 211 of [2016] 3 All SA 193 (GJ)
was not open to the media and it is therefore unlikely that there would have been a written press release.
[50] Mr Rees could not pose as a journalist. It is not clear whether he took notes or recorded and transcribed the
proceedings. Although he has not produced his notes, a recording or a transcript, I am of the view that the
structure of the article demonstrates that Mr Rees applied his mind to what was happening around him and
created an original work that described the event using his own observations and Mr Walker's words.
The seventh article: "Chris Walker breaks the silence"
[51] I shall refer to this article as Moneyweb 7. It was published on 1 July 2013 at 9:58am and was written by
Mr Rees. I have set out the article below, with the underlining of those parts that were reproduced in the
related Fin24 article: