JOHANNESBURG - An attempt by former Irish Anti-Apartheid Movement chairman, Prof Kader Asmal, to avert a costly defamation action for reportedly referring to a rival politician as "that baboon" has failed, writes Patrick Laurence.
In a judgment delivered in the Pretoria High Court, Judge W. J. Hartzenberg dismissed preliminary argument by Prof Asmal that neither he nor the government in which he serves is liable.
Prof Asmal, who is Minister of Water Affairs in President Nelson Maldela's post-apartheid government, argued that his description of Mr Lucas Mangope as "that baboon" was properly regarded as "political rhetoric", rather than a defamatory statement.
Chief Mangope, who was president of the nominally independent state of Bophuthatswana until its dissolution three years ago, has instituted a civil action against Prof Asmal for damages of 200,000 rand (£30,000). He has simultaneously sought legal redress from the government.
"I do not accept that the constitution legalises character assassination of individuals merely because they are politicians," the judge said, before finding that Prof Asmal had acted in furtherance of the interests of the government when he made the remark.