Durban businessman accuses Western Cape acting judge of helping Old Mutual defraud him

Darius Naidoo claims that the ruling handed down to him by acting judge Pearl Andrews overlooked forged documents

Newsroom

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Newsroom

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November 6, 2023

Durban businessman accuses Western Cape acting judge of helping Old Mutual defraud him

A Durban-based businessman, Darius Naidoo, has accused Western Cape acting judge Pearl Andrews of enabling Old Mutual to commit fraud against him. Naidoo alleges that this fraudulent activity occurred between 2017 and 2020 at the KwaZulu-Natal Regional Court. He claims that the case was brought to Andrews' attention while she was the magistrate at that time.

Naidoo asserts that he received a summons from legal representatives of Old Mutual for a debt of R240,000 due to resignation, but they failed to provide the resignation letter they referred to. He says that the legal representatives then applied for a summary judgment using a resignation letter, which Naidoo compelled them to provide.

The court granted the order for the resignation letter, but Naidoo claims that the legal representatives violated this court order by applying to amend their pleadings with a forged termination exit form. He also alleges that the court allowed Old Mutual to change the cause of action from resignation to termination, causing harm to his defence.

Naidoo has complained that Andrews' ruling was biased and prejudiced him. He suggests that the magistrate overlooked the forgery and ruled in favour of Old Mutual, failing to refer the matter for criminal investigation. He contends that his complaint led to Andrews investigating herself, which he deems unethical.

Old Mutual has responded to Naidoo's claims, stating that he served as an independent financial adviser and was never employed by the company. They maintain that even the Commission for Conciliation, Mediation, and Arbitration (CCMA) and the Labor Court found no merit in his case.

Old Mutual suggests that Naidoo's attempts to appeal Andrews' order do not change the verdict that he was ordered to pay R240,000 to Old Mutual. The law firm Minde Schapiro and Smith, which was previously involved in the case, is no longer representing Old Mutual. Questions regarding the case have been referred to Rosalie Smit Inc., which did not comment on the matter.

It remains to be seen how these allegations will be addressed by the legal authorities involved.

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