(FXI/IFEX) – On 3 December 1997, the Johannesburg High Court ruled that evidence in an application to ban the book, “Kerzner Unauthorised”, about hotel magnate Sol Kerzner, 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. […]
(FXI/IFEX) – On 3 December 1997, the Johannesburg High Court
ruled that evidence in an application to ban the book, “Kerzner
Unauthorised”, about hotel magnate Sol Kerzner, 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, who is opposed to the
publication of the book, submitted that the proceedings be held
in open court but that contentious evidence not be published.
However, the presiding judge, Justice Flemming, said indications
were that the court was dealing with allegations that were
allegedly libellous, injurious and false. He said it was his duty
to ensure that the legal proceedings were not used under the
guise of reporting on legal proceedings that should not be
reported on. He said he would tolerate the legal system being
rendered ineffective by abuse of the relevant factors. He added
that it was not a case where evidence would be missed, stating it
was all on paper and could be retrieved fully in the future.
**Updates IFEX alerts dated 29 and 27 October 1997**
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”, written by former
journalist Allan Greenblo. The book was expected to hit
bookstores in South Africa on 27 October. It contained details
about Kerzner’s personal life, including his divorce from former
Miss World Anneline Kriel, as well as details about some of
Kerzner’s alleged business deals under the apartheid government.
Kerzner’s lawyers claimed that the book was “untrue, defamatory
and an invasion of privacy” which breached the Divorce Act and
depicted Kerzner as using unfair business means. The publishers,
Jonathan Ball, agreed to suspend the sale and distribution of the
book until the matter of a final interdict had been settled (see
IFEX alerts).
