Publication: Sunday Times Issued: Date: 2007-01-21 Reporter: David Bullard

Come On JZ, Sue Me, I’m Waiting

 

Publication 

Sunday Times

Date

2007-01-21

Reporter

 David Bullard

Web Link

www.sundaytimes.co.za

 

Last July I received a letter from Mr Wycliffe Thipe Mothuloe B.Iuris LLB (Natal) LLM (UP).

Mr Mothuloe represents Mr Jacob Zuma and sent me two letters demanding payment of damages arising from injurious and defamatory articles written by me and published by the Sunday Times.

The amount of damages claimed came to a total of R6-million, which was supposed to be paid by July 17 2006. Naturally I didn’t send Mothuloe a cheque, partly because the amount claimed was so derisory as to be insulting (he claimed R15-million from my colleague Zapiro), but mainly because I didn’t have a spare six million kicking around at the time. Even if I had, I don’t think I would have been disposed to give it to Zuma.

The final sentence of the letter from Mothuloe warned that, should the boodle not be forthcoming, his client would institute legal action to claim the said amount from me. It’s now almost February 2007 and I’m becoming a bit bored by the whole process.

My life has been on hold since July 17 2006. For six months I have had to turn down overseas car launches, invitations to the Golden Globe awards, parties at the Playboy mansion and a visit to last year’s new Ring at the Wagner festival in Bayreuth just in case I had to appear in court to defend press freedom against JZ.

My international legal team has been on red alert for six months and top libel QCs from the Inner Temple don’t come cheaply. They’ve been hanging around in chambers, twiddling their thumbs, turning down other lucrative briefs and biding their time in El Vinos awaiting my call. I’m embarrassed. My life needs to move on. As the Americans say, I need closure.

Since I anticipate spending a large part of the coming year out of the country at various exotic locations, I need to get the tedious business of litigation out of the way as soon as possible. At least the six-month interval has given me a chance to move my global assets into a web of untouchable trust funds so when I stand up in court I can now honestly claim to be a man of straw.

Not that this should bother JZ. He commented recently that his spat with the media wasn’t about the money. Since he’s suing a group of us for more than R60-million this may come as a surprise, but it is a comment that could affect the eventual outcome of the case if it ever comes to court.

JZ wants to sue the South African media as a matter of principle and for that he should be applauded. Principles haven’t been JZ’s strong point in the past so it’s heartwarming to see that he now recognises such things exist.

So, since he’s not interested in the money, a judge could easily find in favour of JZ and award punitive damages in the amount of R1 with each side to pay their own costs. That would satisfy JZ’s honour but might leave him a bit out of pocket when it comes to paying his legal team. Oh sorry, I forgot, They are apparently acting pro bono.

Since there is an important constitutional and legal principle at stake here (not to mention my reputation as a columnist) I would strongly urge JZ to pull his finger out and sue us all as he threatened back in July. In the past he has demanded his day in court. Now I demand mine.

Besides, how can you ever again trust the word of a presidential hopeful who promises to sue the media and then fails to do so?

With acknowledgement to David Bullard and Sunday Times.