The latest edition of Huisgenoot/YOU contains an edited version of an article, against the publication of which an urgent interim interdict was obtained in the Johannesburg High Court.
EsmarÃƒÂ© Weideman, editor of Huisgenoot/YOU, said a decision was taken to go ahead with publication despite the court order.
“The article was based on an in-depth interview with the young singer/actor Robbie Klay in which he, for the first time in public, reveals the name of (someone who allegedly abused him) over a number of years,” a statement reads.
The identity of the alleged abuser has not been revealed. !_LT_EMHuisgenoot !_LT_/EMand !_LT_EMYOU!_LT_/EM’s covers contain the words “censored”/”gesensor”. In the article, text identifying the alleged abuser was blocked out.
Johan Theron, Media24’s legal representative, said in response to an enquiry the article had been published despite the court order, because it had been “sanitised” to such an extent that it no longer was the same article against which the order had been granted, as it did not identify “the uncle”.
Publications that previously reported about Klay’s allegations, referred to the alleged abuser as “the uncle”.
It has to date not been made public who “the uncle” is.
!_LT_EMDie Burger!_LT_/EM reported on Friday (15 February) Klay no longer planned to lay a criminal charge against “the uncle”.
Acting Judge Roland Sutherland granted an urgent interim interdict against Media24 and Izelle Venter, Gauteng editor of Huisgenoot, on Wednesday night (13 February).
According to the judgment and order, an interim interdict was granted against the publication of an article, “pending the institution of an application for final relief by the applicant within 10 days hereof”.
Weideman said Huisgenoot/YOU deemed it to be in the public interest to go ahead with publication.
“We are surprised by the interdict as the Supreme Court of Appeal recently ruled the media could not be gagged by an interdict, because the option is available to institute a defamation claim after publication,” she said.
Die Burger on Thursday (14 February) reported singer Christiaan Jurie Els had applied for an urgent interdict against Media24.
This is confirmed by the judgment and order.
Its sister paper Beeld decided against publishing the applicant’s name.
Asked about Die Burger‘s decision, George Claassen, deputy editor of Die Burger, said Els’s lawyers were at fault for not applying for an order which would have prevented the identification of the applicant.
“A court is a public place. The application was not heard in camera.”R
This “opened the door” for the paper to identify the applicant in reporting about the interdict.
“We did not say Els was ‘the uncle’. R
“We did not disregard the order. All we did, was to report about a court order and about what is on Facebook,” Claassen said.
He said Els’s lawyers had contacted Media24 since the publication of Die Burger‘s article. Claassen said he was not at liberty to discuss the “technical details”.
Beeld‘s editor, Peet Kruger, did not respond to any of TheMediaOnline’s requests for comment. His secretary confirmed he was aware of TheMediaOnline’s request.
Adv. Altus Joubert, SC, who represented Els in the court application did not want to comment on Thursday.
He said TheMediaOnline could not talk to his client. Joubert would not provide Els’s lawyer’s details.
Els and his family reportedly emigrated to New Zealand.
Ã¢Â–Â This is an updated version of the story which was first published on 14 February.