(FXI/IFEX) – The Johannesburg High Court on 11 December 1997 granted a permanent interdict against the publication, sale, distribution and marketing of the book, “Kerzner Unauthorised”, about hotel magnate Sol Kerzner. The book, written by former journalist Allan Greenblo, includes details about various business dealings by Kerzner in South Africa and abroad as well as […]
(FXI/IFEX) – The Johannesburg High Court on 11 December 1997
granted a permanent interdict against the publication, sale,
distribution and marketing of the book, “Kerzner Unauthorised”,
about hotel magnate Sol Kerzner. The book, written by former
journalist Allan Greenblo, includes details about various
business dealings by Kerzner in South Africa and abroad as well
as details of his divorce from former Miss World Anneline Kriel.
The application for the interdict was made by Kerzner, Kriel and
Sun International South Africa (SISA). It was opposed by Greenblo
and publishers Jonathan Ball.
**Updates IFEX alerts dated 5 December, 29 and 27 October 1997**
In handing down judgment, Justice H C J Flemming found that the
book could harm Kerzner’s good name in future business interests
and was defamatory to Kriel. He said that, assuming the
allegations were true, they would be of interest only to “the
portion of the public which likes gossip”. Among the arguments
put forward by the respondents was that the book was not
slanderous as many of the allegations had been reported
previously in the press. However, the judge dismissed this,
saying, “Defamation is defamation even if the same defamation was
done by another person on a previous occasion.” Judge Flemming
contended that South African courts had regularly granted
interdicts to prevent publication of defamatory material. He
said, “Why is that no longer effective, practical or fair? More
specifically, what element, protected by the Constitution, is
breached? The reply must be: none.”
Judge Flemming also dismissed the argument that Kriel no longer
had a right to privacy about personal matters as she was still a
public figure who earned income from activities in which her
involvement played a marketing role. The judge said, “It is not
so that someone who merits the label `public figure’ is for all
time subjected to unlimited publication of facts which are of a
sensitive nature.” The judge ordered the respondents in the case
to pay the costs. The legal counsel for the publishers indicated
that they may appeal the judgement.
Reacting to the court judgment, FXI deputy chairperson Raymond
Louw said the judgment dealt a blow to freedom of the press and
marked an alarming and dangerous trend. He said it was a very
unfortunate precedent, “marking a growing trend that judges are
taking it upon themselves to ban information.” He said banning
the book was the wrong way to deal with defamation. Information
should be published and then people could resort to legal
remedies.
Background Information
On 26 October, lawyers acting for Kerzner served notice of their
intention to bring an urgent application for an interdict to
prevent the sale of “Kerzner Unauthorised”. The book was expected
to hit bookstores in South Africa on 27 October. Kerzner’s
lawyers claimed that the book was “untrue, defamatory and an
invasion of privacy” that breached the Divorce Act and depicted
Kerzner as using unfair business means. The publishers agreed to
suspend the sale and distribution of the book until the matter of
a final interdict had been settled. On 3 December, the High Court
ruled that evidence in the application for a final interdict
would be heard behind closed doors. The judge made the ruling
despite the fact that neither of the parties had applied for the
evidence to be heard in-camera. Counsel for Kerzner submitted
that the proceedings be held in open court but that contentious
evidence not be published. However, the judge said indications
were that the court was dealing with allegations that were
allegedly libellous, injurious and allegedly false (see IFEX
alerts).
