Cape Town - Green Point Neighbourhood Watch chairperson Peter Flentov has won a round in his long-running defamation court battle – over comments posted on social media – with Cape Town attorney Gary Trappler.
Western Cape High Court Judge James Lekhuleni dismissed Trappler’s application to strike out four paragraphs of Flentov’s claims against him and three others.
The other three are Freedom Front Plus Councillor Paul Jacobson, Sean Crookson from Newlands, and Dennis Dyason from Somerset West.
Flentov, who is suing each of the four for R500 000, opened a defamation case against them in 2021, claiming damages based on seven different causes of action.
The alleged defamatory statements were made on Facebook and WhatsApp groups.
Trappler and the other three had approached the court seeking an order striking out sections of Flentov’s claims against them.
The paragraphs in Flentov’s court papers dealt with a February 2020 malicious damage to property incident in which Trappler was alleged to have slashed the tyres of a neighbour’s rented car in Green Point.
That matter was thrown out of court due to insufficient evidence, but last February it was re-enrolled after representations were made to the National Prosecuting Authority (NPA) to reconsider its decision.
In his arguments to have the four paragraphs dismissed, Trappler’s advocate submitted that to prove defamation or injuria, Flentov would have to show that Trappler published defamatory and harmful material about him.
Trappler’s counsel argued that the paragraphs in question related to an alleged criminal act which was irrelevant to a claim for defamation. The counsel added that it would be prejudicial for Trappler to plead to these allegations, which may be an ongoing criminal matter.
Flentov’s lawyer denied that the paragraphs were irrelevant or vexatious. He argued that in terms of South African law, irrelevant matters pleaded as history wouldn’t be struck out.
Commenting on the judgment, Flentov said: “I have always believed that I have a strong case of defamation against Trappler and I am delighted by the high court judgment. Justice is starting to prevail.”
Flentov said Trappler not only lost the case against him but as per the judge’s order, also had to pay the legal costs.
“I look forward to the trial of the main case, when I believe that justice will again prevail in my favour. I am also proceeding to recover the costs which I have had to incur until now from Trappler, in terms of the costs order granted against him.”
Trappler said he had no comment on the matter.
However, Jacobson said about Flentov: “It appears he’s been on a campaign against me for a long time. I ignore him because I don’t believe he is of any stature. Respectfully, I’ve got other bigger matters to deal with, being a councillor.”
mwangi.githahu@inl.co.za