TOTT 28 March 2019

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4 Talk of the Town ADVERTISING / NEWSDESK: (046) 624 4356 Find us on Facebook March 28, 2019 Marina resident must fork out R70K for defaming estate agent JON HOUZET ARoyal Alfred Marina resident has been ordered to pay R70,000 plus costs for defaming another resident who he accused of being a “whore” to promote her personal and business interests. The order was handed down by Judge Judith Roberson in the Eastern Cape High Court in Makhanda on February 26. The case was brought by estate agent Isobel Meyer against retired attorney Peter Bassett, both of whom live on the marina. Meyer decided to Distinctive By TIMBER TOWN Shop 19, Heritage Mall 072 010 2250 / 085 3000 245 Case heard in high court after written apology not accepted launch the suit after hearing about an incident at a social gathering at the home of Shane Lang in March 2016 at which Bassett was alleged to have made derogatory comments about her. She was not present at the gathering. In his responding plea, Bassett admitted calling the plaintiff a “f***ing bitch” and pleaded further that “he may have said something to the effect, in crude terms, that she was engaged in a sexual relationship with Mr [Stuart] Boucher within the context of her Kitchens Ŗ Ŗ Ŗ Ŗ Ŗ DP ENGINEERING .......................................................... 75 Bathurst Street, Port Alfred Tel: 046 624 4957 Cell: 083 360 6949 www.dpengineering.co.za For all your steelwork requirements, including burglar bars, balustrades, fencing, security gates and wall spikes. We also offer a powder coating & galvanizing service and gate motors. ULTIMATE SEA VIEWS! R2,250,000 accusations levelled against him concerning the affairs of the Royal Alfred Marina Homeowners Association [Ramhoa] and denies the further averments set out in this paragraph”. He denied that the words were defamator y. Port Alfred resident Peter Charter was present at the gathering and gave t e st i m o n y. He said he had known Meyer for many years and that she was a family friend. There were others present at the gathering, most of whom were marina residents. It was the first time Charter had met Basset t. The court heard that during the course of the evening, while the hosts and the guests were sitting in a semi-circle around the fire, the conversation turned to marina a f fa i r s . Bassett was angry about disciplinary proceedings being initiated against former marina manager Angus S c h l e m m e r. Then he made comments about Meyer, who was on the Ramhoa committee. “He said she was whoring around, sleeping around and f***ing around for business, and was a bitch,” the court heard. Several of those present walked away from the conversation. Charter was shocked that the defendant had said these things to someone he did not k n o w. Some months after these events Charter met Meyer at her invitation and told her what the defendant had said. He could not repeat verbatim what the defendant had said, but told her his interpretation of what was said. Meyer also testified, and said she was devastated when she learnt what Bassett had said about her and could not believe that anyone could tell such lies. Her confidence was affected, and she wondered whether people believed what had been said and what they thought of h e r. She found it difficult to concentrate on running her business and also withdrew socially, she said. Meyer’s attorney sent a letter of demand to Bassett on October 10 2017. In that letter a PETER BASSETT written apology was requested for approval. If approved it was to be circulated to the guests who were at the g at h e r i n g . Payment of R1.5m was demanded in addition to the a p o l o g y. Basset t’s initial “without prejudice” apology was not accepted by Meyer because he made excuses for his conduct. He sent another letter just more than a week later, in which he stated: “Even viewed in the light of the acrimonious tensions WARRICK STRACHAN CFP ® T: 046 604 2300 (o) 072 3766 523 (m) E: warrick@oldmutualpfa.com 30 Campbell Street, Port Alfred 27 Lyon Road, Kenton on Sea Cnr African & Allen Streets, Grahamstown ĞůĞďĂŶŐĞĂŽĨĮŶĂŶĐŝĂůůĂŶŶŝŶŐΘŝŶĂŶĐĞĞĐĞůůĞŶĐĞ which existed between us at the time, there is neither excuse nor justification for what I said. “My comments were malicious and wrongful, and said with reckless disregard for the truth. “I sincerely regret the personal hurt and damage to your good name and reputation my conduct has caused you. “It was an embarrassing lapse of judgment and self-control on my part for which I tender my unreserved apology. “I also wish to record my regret for the distress and anguish which I believe my transgression has caused you and your fa m i l y. “I am deeply and sincerely sorry for t h at . ” In the covering e-mail to this letter Bassett stated that what he had said was said maliciously and with the object of hurting the plaintiff and/or damaging her r e p u t at i o n . He also offered to pay the plaintiff’s reasonable legal costs. Meyer did not accept this letter either. Her attorney asked Bassett to delete two paragraphs Meyer felt were irrelevant and said she would accept R850,000 in damages. Bassett asked to meet Meyer to convey the sincerity of his apology, but did not agree to pay any damages. The case went to cour t. Bassett closed his case without testifying or calling witnesses. Roberson found that the statements made by Bassett, barring the words “f***ing bitch”, were clearly defamator y. “The statements were likely to injure the good esteem in which the plaintiff, a successful and wellknown estate agent who maintained strong family values, was held by the reasonable person to whom the statements were addressed. Not only was she said to be sexually promiscuous for material benefit, but also unethical in her practice as an estate agent. “There was a hint of a defence of justification in the d e fe n d a n t ’s plea, but the contents of the letter of apology of October 26 2017 and the covering e-mail admit all the elements of defamation. “This case was really about the quantum of damages to be awa r d e d , ” the judge said. Counsel for Meyer submitted that R700,000 was appropriate whereas counsel for Bassett submitted that an amount from R30,000 to R40,000 was a p p r o p r i at e . Taking into account precedent in other cases and varying degrees of seriousness of defamation, Roberson decided on R 70 , 0 0 0 . Bassett also has to pay Meyer’s costs on the magistrate’s court scale. 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March 28, 2019 ADVERTISING / NEWSDESK: (046) 624 4356 Find us on Facebook Talk of the Town 5 Nemato preschools get book donations from Little Libraries Little Libraries, an NGO that travels around the country setting up library corners in preschools, visited Port Alfred recently to provide books to two Nemato preschools. Camille Quine led the Little Libraries team and liaised with local volunteer Jo Rice. Rice is involved through the Methodist Church in helping two Nemato preschools. Apart from these beneficiaries, a “travelling library” will be made available to a few schools in the Alexandria area to share. YOUR VOICE ... vox pops on the street If you could give of your time to help your community, what would you do? LEON COETZEE: I would do what I have been doing for the past 21 years, helping a soup kitchen. LUNGA ZWIDE: I would do anything related to infrastructure for the elderly. PHILIP BIRCH: Look after the elderly people. THOBILE MTLOMELO: Clean for the elderly, take care of the sick, or do something for the children at a crèche. ENCOURAGING READING: Children at Masimbanisane being addressed by Joyce Cwayi of Little Libraries, which donated the orange bookcase and 120 books in the background. The colourful cushions along the wall were made by two women from Wesley Methodist Church ELBIE BARNARD: I would do a clean-up because the amount of filth in this town is a n n oy i n g . SISANDA BABANE: Anything to do with babies, I love children.
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TOTT 28 March 2019

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