No gagging order for DJ

FORMER Radio Wave disc jockey Deon van Rensburg will be able to continue working at his new broadcasting base, Radio Kudu, while lawyers continue to prepare for the continuation of a High Court dispute over the DJ’s acrimonious departure from his previous station.

In the High Court in Windhoek on Friday Judge Petrus Damaseb declined to grant Radio Wave an interim interdict to prevent Van Rensburg from continuing to work at Radio Kudu, where he has been presenting an early-morning radio show in direct competition with his former employers‚ since the beginning of the month. Judge Damaseb handed down his ruling after lawyers representing Radio Wave and Van Rensburg had spent the better part of two days in court earlier last week arguing whether the court should grant Radio Wave its request for an interim order that would have prevented Van Rensburg from continuing to work as a radio DJ at any other radio station in Windhoek.Radio Wave had asked Judge Damaseb to order Van Rensburg to immediately stop working at Radio Kudu.Such an order was to remain in force until the court had ruled on the question whether Van Rensburg should be forbidden from working for any radio station in Windhoek but Radio Wave for a year from July 1.He did not give reasons for his ruling at this stage, but Judge Damaseb ordered that Van Rensburg had to show to the court on July 29 why he should not be ordered not to work for another radio station in Windhoek for a year-long period from the start of July, and also why he should not be ordered not to disclose any confidential information relating to Radio Wave to anyone else.Friday’s ruling brought a first, initial stage in a legal fight over Van Rensburg’s departure from Radio Wave to a close.Van Rensburg had been a fixture at Radio Wave, where he was part of a team of announcers, dubbed the “Waking Crew”, that presented the station’s popular daily breakfast show, since 1998.He however resigned from the station in May – and immediately went off air – to start working at one of Radio Wave’s smaller competitors.Following this move, Radio Wave decided to take Van Rensburg to court, on the basis of a restraint of trade clause that was part of a contract that Van Rensburg had signed with the station in 1998.According to this clause, he agreed not to work for any other radio station in Windhoek for a year after leaving Radio Wave.The station claimed, in documents placed before the court, that Van Rensburg had been groomed to become Radio Wave’s manager, and as such had inside information on the station that could prove damaging to it if it were disclosed to competitors.It also claimed that Van Rensburg had been such a popular figure and household name among Radio Wave’s listeners that the station stood to lose listeners, and as a result thereof also advertisers, if Van Rensburg were to switch employment to another radio station like he had done.Van Rensburg is fighting the case, claiming that Radio Wave had been in breach of the contract that he had signed with it, since he was supposed to share in the station’s profits and to be appointed as its programme director – none of which happened, however – and that as a result of that he was no longer bound by the agreement they had concluded.Radio Wave is being represented by Anna-Marie Engelbrecht; Raymond Heathcote is appearing for Van Rensburg.Judge Damaseb handed down his ruling after lawyers representing Radio Wave and Van Rensburg had spent the better part of two days in court earlier last week arguing whether the court should grant Radio Wave its request for an interim order that would have prevented Van Rensburg from continuing to work as a radio DJ at any other radio station in Windhoek.Radio Wave had asked Judge Damaseb to order Van Rensburg to immediately stop working at Radio Kudu.Such an order was to remain in force until the court had ruled on the question whether Van Rensburg should be forbidden from working for any radio station in Windhoek but Radio Wave for a year from July 1.He did not give reasons for his ruling at this stage, but Judge Damaseb ordered that Van Rensburg had to show to the court on July 29 why he should not be ordered not to work for another radio station in Windhoek for a year-long period from the start of July, and also why he should not be ordered not to disclose any confidential information relating to Radio Wave to anyone else.Friday’s ruling brought a first, initial stage in a legal fight over Van Rensburg’s departure from Radio Wave to a close.Van Rensburg had been a fixture at Radio Wave, where he was part of a team of announcers, dubbed the “Waking Crew”, that presented the station’s popular daily breakfast show, since 1998.He however resigned from the station in May – and immediately went off air – to start working at one of Radio Wave’s smaller competitors.Following this move, Radio Wave decided to take Van Rensburg to court, on the basis of a restraint of trade clause that was part of a contract that Van Rensburg had signed with the station in 1998.According to this clause, he agreed not to work for any other radio station in Windhoek for a year after leaving Radio Wave.The station claimed, in documents placed before the court, that Van Rensburg had been groomed to become Radio Wave’s manager, and as such had inside information on the station that could prove damaging to it if it were disclosed to competitors.It also claimed that Van Rensburg had been such a popular figure and household name among Radio Wave’s listeners that the station stood to lose listeners, and as a result thereof also advertisers, if Van Rensburg were to switch employment to another radio station like he had done.Van Rensburg is fighting the case, claiming that Radio Wave had been in breach of the contract that he had signed with it, since he was supposed to share in the station’s profits and to be appointed as its programme director – none of which happened, however – and that as a result of that he was no longer bound by the agreement they had concluded.Radio Wave is being represented by Anna-Marie Engelbrecht; Raymond Heathcote is appearing for Van Rensburg.