Els still fighting over You 'scoop'

2010-11-18 20:11

Bloemfontein - Huisgenoot and You magazine editor Esmaré Weideman wanted the "scoop" in identifying singer Robbie Klay's alleged molester in 2008 when she published an article prohibited by a court order, the Supreme Court of Appeals heard on Thursday.

The SCA was hearing an appeal by South African singer Jurie Els regarding a contempt of court application against Weideman and two others.

The Western Cape High Court in Cape Town had ruled that Weideman had not been in contempt of court when the magazines ran an article in February 2008, in which singer Robbie Klay accused a South African singer of sexual molestation.

Els has in the meantime been acquitted on charges of molesting Klay, as a child, after formal charges were brought before the high court.

Els's legal counsel Danie Dorfling told the SCA on Thursday that Weideman's actions were intentional and that she admitted she wanted to tell the story, but not use the name.

Els's name was not mentioned in the in-depth interview with Klay, but in the magazine's editorial Els was named with regard to a court attempt at stopping the publication of the article.

"Why did she not leave his name out (in the editorial)? She could have done that," Dorfling told the court.

Earlier, Els got an urgent interdict after hours in the South Gauteng High Court in Johannesburg in an attempt to stop the publication of the article, but had to bring a proper application 10 days later.

Huisgenoot and You did not print the article as submitted to court in Johannesburg, but an edited, censored version before the 10-day period expired.

Els then brought the contempt of court application in the Western Cape High Court against Weideman.

The Cape Town court held amongst others that Els's contempt of court application should have been brought in the Johannesburg court.

It also held that Els had not proven beyond reasonable doubt that Weideman purposefully held the order in contempt.

Dorfling submitted the interdict was clear in that: "You may not publish Annexure A", which was the unedited magazine article.

Dorfling also said that by naming the singer in the editorial the magazine actually told its readers: "the blanked out spaces, you see, is Mr Els."

Weideman's legal counsel Andrew Breitenbach told the panel of three judges that the interim interdict had prohibited only "that" article (the unedited version).

"What my client did was not to publish an article attached to the Notice of Motion."

It was stripped of the name and the characteristics to identify him, said Breitenbach.

He also argued that the editorial "should speak for itself" and should not be read in conjunction with the article on another page in the magazine.

Breitenbach submitted that Els's application for an interdict was already widely published in newspapers before the magazine article appeared.

  • MP3 - 2010-11-18 21:05

    Els shouldn't cuz too much stir here... People with a low IQ read You & Huisgenoot, why? Because small people love it when big people get into trouble. It makes them feel better about themselves. The more he chases this the more he flames the fire...

      Snoek - 2010-11-18 21:55

      True, but you have to remember that the people reading YOU and HUISGENOOT is also the type of people buying Jurie Els CDs. He's only protecting his market.

  • Glodina - 2010-11-18 23:05

    I think the Els Family had enough unjustice done to their name and reputation. Its time to show these people they cant just go out there print what they want and get away with it. My heart and prayers are with the Els Family. They an awesome family who has been scarred by lies and untruthful events. Its time everyone moves on and let them live their lives. And they ask why we south africans leave the country, cause of to many backstabbing and injustice to our own nation. I rather much sit here in NZ with the Els Family and enjoy the love this country gives, and the fairness it offers each day.

  • zip reeper - 2010-11-19 05:47

    don't let the facts come in the way of a good story

  • scott - 2010-11-19 08:50

    well he was aquited by a judge that still suspected he was involved but had not enough solid evidence. For the judge in his ruling to say that he is suspicious of Jurie surely tells you something Glodina? that maybe he liked to dabble a little?

  • Nico - 2010-11-19 08:59

    At last somebody is taking Huisgenoot on! What ever happened to innocent until proven guilty? Els was found not guilty and now Huisgenoot (among others) sit with egg on their face for running a story that turned out to be horse-sh!t. Robbie Klay is a 64. Vroeg ryp...vroeg vrot

  • Nemesis - 2010-11-19 09:54

    In my opinion Jurie Els is an attention-seeking wannabe who can't sing. Even comedian 'gifdwerg Casper de Vries' makes fun of him, which, by his standards is actually very ironic. I used to buy the Huisgenoot every week, but the magazing has gone from a good family mag to nothing more than a common parasite taking it's readers with it in this downwards spiral. I haven't bought a Huisgenoot in over 3 years and the only exposure I get from that rubbish, is when some of the articles reaches the newpapers.

      Worldwise - 2010-11-19 10:39

      Thanks, Huisgenoot/You went from a great family magazine with good articles 20 years ago to a sensation seeking celebration of celebrity junk culture. Throw in a bit of pop psychology and respect for religion to offset the sensation and all seems OK to the readers, who must surely emanate from the from the lower rungs of Maslow's needs pyramid.

  • Dina - 2010-11-19 11:54

    Quite frankly if the SCA doesn't find for Els then the law clearly is an ass

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