the outskirts of Hout Bay in the Western Cape for R23m.
The castle is situated high up against the mountain and overlooks the bay and Hout Bay beach.
Sotheby's International Realty's Nina Smith says the castle was run as a guesthouse for several years and was once
owned by a foreign company.
It was originally built by Cape Town businessman Reynier Fritz who began the project in 1986 and completed it in
1998, using small facebrick which gives it an antique feel. 'Over 12 years it just evolved. As he (Fritz) got money, he
would build another wing.'
The majestic structure is a replica of the Schloss Lichtenstein castle in southern Germany which is perched on a cliff
located near Honau in the Swabian Alb, BadenWürrtemberg. The current castle was constructed between 1840 and
1842.
The Hout Bay castle is about ten minutes from the Hout Bay village and is accessible only by private road and
helicopter.
Smith said the castle blended into the Karbonkelberg with its unique architecture and structure. 'It was love at first
sign for the owner,' said Smith, adding that the new owner had purchased it for private use.
During its years as a bed and breakfast it was extremely popular among overseas visitors to the Cape and was also a
soughtafter venue for weddings and conferences, with a banqueting hall able to accommodate up to 200 people.
The castle is situated on 8500m2 of terraced land with a natural waterfall and swimming pool.
The main hall is on ground level with vaulted ceilings, stainedglass windows and a fireplace including a dining area
with a table able to seat 24 guests.
The castle also has 13 ensuite bedrooms on different levels with a library, billiard room and bar."
[38] Although Moneyweb could get no direct evidence from Ms Schnehage, it has put up more evidence in relation
to Moneyweb 4 than in relation to the three previous articles. It is undisputed that the source of the article
was a press release issued by Sotheby's International on 13 September 2012, the day before the article was
published, a copy of which has been
Page 207 of [2016] 3 All SA 193 (GJ)
put up. Ms Schnehage also interviewed Ms Nina Smith of Sotheby's and sourced additional material. Ms Seggie
wrote the headline and subheadline, and also edited the article.
[39] Although Moneyweb 4 contains more information than the press release, the difference is insubstantial.
Indeed, it is quite trivial. The article is largely a copy of the press release. In my view, Ms Schnehage has not
contributed enough to produce an original work. Accordingly, I find that Moneyweb has not established that
Moneyweb 4 is an original work.
The fifth article: "Angloplats' Griffith responds to Shabangu outburst"
[40] I shall refer to this article as Moneyweb 5. It was published on 16 January 2013 at 9:40am and was written
by Mr Ryk van Niekerk, the editor of Moneyweb and the deponent to its founding affidavit. I have set out the
article below, with the underlining of those parts that were reproduced in the related Fin24 article.
"Angloplats' Griffith responds to Shabangu outburst
Cites JSE regulations ruling sensitive information limiting open discussion before announcement.
JSE regulations ruling sensitive information and an apparent difference on opinion between the Department of Mineral
Resources (DMR) and Anglo Platinum may shake the seemingly precarious relationship between government and the
mining sector even further.
Amplats' share price took a beating on Wednesday, falling by 5.95% by 11h15. Parent company Anglo American's
price is down 3.2%.
Following the public outburst from Susan Shabangu of the DMR in reaction to Amplats' restructuring plans, Amplats
CEO Chris Griffith responded that there was indeed a public process, but that JSE regulations governing sensitive
information prevented a totally transparent discussion with all stakeholders.
Shabangu accused Amplats of being irresponsible, that it acted in bad faith and questioned the company's motives.
Griffith said during the SAFM Market Update with Moneyweb on Tuesday night that he will not get involved with a
public spat with the minister.
'Clearly the minister is unhappy about a number of things, and I'm going to need to go back to the minister and sit
down with her and work through the concerns that she may have.'
However, Griffith added that due to the regulations regarding sensitive information the company could not discuss its
plans openly with all stakeholders. 'I think we would argue that, given the narrow range that we have to consult,
whilst we are developing our plans before it becomes public and before we get obliged in terms of the Securities
Exchange to make all of that information public . . . we were not in a position to talk about some of our future plans
with every person. Even the nature of that conversation with government we've got to be careful about.'
Griffith said the platinum industry has been under severe financial pressure for a number of years. 'We have
continuously engaged with all stakeholders, including different levels of government. In addition to that, the level of
unsustainability of this business reached a peak, you'll recall, in 2010 when Anglo American Platinum had to go back
to its shareholders after reaching a debt of R20bn, to say to shareholders, look, we need a rights issue, we need you
to reinvest and then raise R12.5bn. I think that was the first indication of the kind of difficulty that the industry was
under.'