Cape Town Arms deal activist Terry Crawford-Browne had to
fight fair *1 according to Queensberry rules,
counsel for Finance Minister Trevor Manuel argued in the Cape High Court
yesterday, when Manuel applied to stop Crawford-Browne from further defaming
him.
Adv Brian Pincus, for Manuel, even quoted Mao Tse-Tung who said politics "is war
without bloodshed".
But Crawford-Browne's comments about Manuel that he should be charged with
corruption over the arms deal were "bloodshed with reason", said Pincus.
Pincus said Crawford-Browne had "gone over the edge" and his attack on Manuel,
who is responsible for SA's financial wellbeing, was a "grave injustice", and
had been "harmful and hurtful" to the finance minister .
Manuel, who did not attend court yesterday, sought an urgent interdict to stop
Crawford-Browne from continuing to allege that Manuel should be charged with
"corruption, fraud, money laundering, racketeering, tax evasion and the
deliberate and systemic obstruction of justice".
Manuel will have to wait to see if his application is successful as Judge Andre
le Grange reserved judgment yesterday, saying he would provide it "in due
course".
Crawford-Browne's allegations contained in his book Eye on the Money, were
published on his website and were subsequently featured in a series of articles
published in newspapers and on news websites in December and last month.
Manuel said that he had only instituted proceedings when the last article, which
appeared in the Citizen on January 18, had been brought to his attention.
Crawford-Browne had accused Manuel of signing the arms deal loan agreement which
placed SA "in third world loan entrapment *2".
Pincus said that Crawford-Browne had not filed any "factual answers" in his
responding court papers and had not sought to justify the remarks made.
He said that to suggest that Manuel be charged with corruption was "highly
defamatory".
Pincus said that it was a "bizarre" case in which Crawford-Browne had provided
no facts to support his "serious and degrading" remarks.
However Adv Peter Hathorn said Crawford-Browne's remarks were made under the
defence of "truth and public interest *3".
He suggested that Manuel rather institute a claim for "nominal compensation", or
an action to elicit an apology.
He said Manuel's approval of the loan which underpinned the arms deal was an
exercise of power and Crawford-Browne was exercising his constitutional right to
criticise that exercise in power.
Hathorn said the comments should be seen in the context of the public debate
about the arms deal, "one of the most significant and
important public issues relating to governance in the country at the moment *4".
He said Manuel was seeking prior restraint on publication, which was a "drastic
interference of freedom of speech which could only be granted where there is
substantial risk of grave injustice".
He said the effect of the order Manuel was seeking would be "precisely what he
says is not his intention".
It would be to stifle debate and would have a chilling effect on
Crawford-Browne, who is one of the most widely respected
and known critics of the arms deal *5.
He said courts were loath to give order of prior restraint such as Manuel
sought.
With acknowledgements to Chris van Gass and Business
Day.
*1While I 100% subscribe to all the
rules of natural logic, including "two wrongs do not make a right", merely for
the sake of emphasis and rhetoric, I ask whether MINCOM, including Trevor
Manuel, has ever played fair regarding the Arms Deal?
On the subject of rules, is "sauce for the goose is sauce for the gander" a rule
of natural logic?
*2One does get institutions for the criminally insane, but
does one get sanctions for the criminally stupid?
*3This is certainly something that MINCOM, including Trevor
Manuel, has certainly actively sought to deny to the country and to the world.
*4One of the most significant and important public issues
relating to governance in the country, ever.
*5And now, unfortunately, one of the poorest.
At risk of pre-judging a matter that is truly sub-judice, this is my
recommendation for a judgment :
1.Mr Crawford-Browne, until you have prima facie
evidence proving otherwise, please cease and desist from calling Mr Manuel a
criminal or stating publicly that he should be charged with corruption.
2.Mr Manuel, please ask your buddy Thabo Mbeki to
constitute a full, open and independent judicial enquiry into the Arms Deal
so that, inter alia :
the country can eventually and finally move on from this sorry saga;
determine whether you, Mr Manuel are responsible for any misconduct in
the Arms Deal;
determine whether your friend, Mr Mbeki, is responsible for any
misconduct in the Arms Deal;
determine whether your Government is responsible for any misconduct in
the Arms Deal; and
determine whether your colleague, Mr Erwin, has ever told anything
truthful regarding the Arms Deal.