Local councillor wins case against EMM
Izak Berg won a case of Defamation of Character after he was named and shamed by Ekurhuleni Metropolitan Municipality (EMM) City Manager, Patrick Flusk who called him a criminal
GENERAL ALBERTS – Izak Berg was named and shamed by Patrick Flusk (City Manager) who said Berg was the criminal in Ekurhuleni Metropolitan Municipality (EMM).
This statement was made in 2008 when Flusk also said that Berg is going to jail. When Berg heard about the statement he asked for a written apology which he would give to EMM staff members.
Months went by and he heard nothing so he decided to open a case against Flusk and the EMM, suing them for Defamation of Character. After years of court proceedings, Patrick Flusk lost the case as neither he nor EMM appeared for the court case, Berg was awarded R100 000.
In 2009 the Provincial Government stepped in where advocate Nke gave the go ahead to settle the case, Berg then said he would settle for R50 000 and the apology letter. Advocate SS Kholong (Executive Director, Legal and Administrative Services) informed Yende Incorporated that Nke acted outside the scope of his mandate and had no grounds to settle the matter.
Proceedings went on, although Berg won the case and was awarded R50 000 and costs (legal fees to be covered by EMM). “This was hundreds of thousands of rand’s wasted by EMM and Patrick Flust because it has now cost them more than a million to prove what?” said Berg.
However, it did not end there, EMM took it one step further and made an appeal at the South Gauteng High Court. There too EMM lost the case and all points mentioned were dismissed with costs.
In their Judgement, Judge Wepener and Kubushi said, “I understand the Chief Justice to have said that even politicians can be defamed. They must, however, not be overhasty to complain about slating against them unless it is really serious.
“Now it is obvious, in my view, that a distinction must be drawn between an attack against the dignity and reputation of a politician, on the one hand, and an attack upon his political views, policies and conduct, on the other hand.
“…if there is an unwarranted slating which lowers him in the esteem of his fellow human beings which is not at all necessary in commenting upon his policy and his conduct, a Court will be more readily inclined to protect his dignity and reputation.”
Faan Naudé represented Berg, and after he sadly passed away, his wife, Ginie Naudé took over the case and she and Adv H Niewenhuizen won it for Berg.
Berg steered clear of any press attention but in a statement he made it clear that he is now back in the game. Berg also stated that he will make sure that officials who are responsible for the wasteful and fruitless expenses will be held responsible and that he will request the Auditor General and Public Protector to investigate the waste of ratepayer’s money by the EMM in this case.
