An attorney who waged a four year legal battle against a man for calling him a “doos” and “poes” has had his case dismissed by the Pretoria High Court.

Beeld newspaper reported on Saturday that James Charles Reynecke Smith, an attorney from Hendrina, had appealed to the High Court after a magistrate in Middleburg dismissed his R100,000 defamation claim against Christiaan Jacobus Botes, 52.

Two judges said in a verdict this week that there was no question of defamation in the case.

The question however, was whether the words constituted abuse under the circumstances in which they were uttered.

According to Smith, Botes said: “I'll beat those damn little glasses into your head” and “You're a p**s. Do you hear what I say? You're a d**s” and “You're a p**s “.

Botes acknowledged saying the words, but did not admit to making the “p**s” statement.

The incident happened on 1 June 2007 as Smith prepared to move into new offices in Hendrina.

A contractor had arrived to lay carpets. It was necessary to place the mats in the sun to enable the glue to stick better.

A part of mat was placed on the surface of the street in front of Smith's new offices.

According to Smith, several cars drove past the mat. Botes however, did not turn and drove over the carpet. Smith was upset and confronted him.

Botes claimed Smith had shouted at him.

“You road over my f***ing carpet”, he said.

Botes responded: “If you're so stupid to put your carpet on the road, I'll ride over it.”

According to Smith, Botes then made the “p**s” statement.

The judges said the incident was insignificant and did not warrant the court's attention.

With acknowledgements to Cape Argus.

We heard what the judges said.

Foolish attorney, there can be no defamation when there is no publication.

And telling it to one's oppo ain't no publication.

This cardbox box probably lost R200 000 to R300 000 on this mission.

His oppo Mr Botes was correct in the first instance.


Beware the Laws of Defamation, they change and they can bite.

Do you hear what I say?

Meantime Jayzed is taking Sunday Times and Zapiro to court for R5 million defamation damages as a result of the publication of the rape of Lady Justice cartoon.

Problem is that this cardboard box will use our tax to fund his court case.