Rath drops suit against media

2006-03-29 11:50

Cape Town - Vitamin salesman Matthias Rath has dropped his defamation claims against the South African Press Association and other media organisations.

However, he was still suing the Democratic Alliance, its leader Tony Leon, its health spokesperson Diane Kohler Barnard, and African National Congress MP Kader Asmal, said his lawyer.

Rath was seeking R400 000 in the Cape High Court from Sapa for reporting a statement by Kohler Barnard's that Rath was a "charlatan" - a term echoed by Leon in an online newsletter.

Sapa had given notice of its intention to defend the claim, and had demanded that, as a non-resident of South Africa, Rath put up security for costs.

Rath's attorney Brendan O' Dowd has now filed a notice of withdrawal, and has offered to pay Sapa's costs.

He has also withdrawn claims against the Independent media group and Business Day.

Last month Rath abandoned a R1.6m action against Health-e News Service, plus actions against Medicins Sans Frontieres' Dr Eric Goemaere, and University of KwaZulu-Natal Aids scientist Prof Jerry Coovadia.

The Health-e claim followed a series of stories about Rath Foundation activities in Khayelitsha and Gugulethu.

However O' Dowd said this week that the withdrawals didn't mean Rath was backing down.

"Health-e commented after that case was withdrawn that this vindicates their position. It doesn't," he said.

"This isn't an admission by Dr Rath that there was no merit in his contention, and should not be construed as one.

"The defamatory nature of the (statements) remains in the action that is still pending. The thing's still going to be tested."

He said one of the factors that contributed to the decision to drop the claim against the media organisations was that much of the "vitriolic nature" of the allegations against Rath had now subsided.

Rath is also still pursuing a defamation action against a former employee, Anthony Rees.

Rees' attorney Dalia Lichtenstein said she intended lodging a court application next month to make Rath put up security of R500 000 to cover Rees' costs, including those of a senior advocate.

The DA's attorney, Mervyn Smith, said Rath had already lodged initial security of R200,000 for the DA cases.

Rath and the foundation have come under fire from South African doctors and Aids activists for encouraging people with Aids to swop antiretroviral treatment for his vitamins.

Earlier this month, he was ordered by the Cape High Court to stop publishing statements accusing the Treatment Action Campaign of acting as a front for pharmaceutical companies.

The ruling was an interim interdict pending the resolution of a full-scale defamation claim by the Aids pressure group.

- SAPA