Trevor Manuel’s winning libel lawyer Dario Milo on SA’s mushrooming defamation suits

On Rational Radio this week, SA's pre-eminent media lawyer Dario Milo spoke about the recent mushrooming of libel cases including Independent Newspapers chairman Iqbal Survé's R100m suit against former activist and labour journalist Terry Bell. Milo, who is usually on the side of media defendants, successfully represented SA's former finance minister Trevor Manuel in his record R500,000 defamation award against the EFF. Apart from practicing as a director of Webber Wentzel, Milo is also the author of the definitive book on SA defamation law. – Alec Hogg. ___STEADY_PAYWALL___.In this podcast, Dario Milo shares unique insights into the Trevor Manuel v EFF defamation case and some thoughts about other high profile matters being brought before the courts. Milo is regarded as SA's expert on libel matters having written the seminal work on the subject in 2008 after doing his PhD in London on the subject. Milo said defamation has often become used as an illegitimate tool by some seeking to intimidate publishers and stop them publishing on matters of public interest. He believes it is time for South Africa to introduce SLAP legislation which prevents such abuse.He switched into an offensive role to handle Trevor Manuel's successful suit against the EFF, where the political party accused the former finance minister of nepotism and corruption around the appointment of new SARS commissioner Ed Kieswetter. Milo says what made this particularly interesting is that it involved "fake news" being manufactured by the EFF, something which the party conceded in court.But this is an unusual matter. For the most part, if publishers are able to prove that what they published was true or that they acted reasonably in verifying the account from sources, then the court will protect them.In the case between Survé and Bell, Milo said the history of damages awarded in SA shows that the maximum granted by the courts is usually under R500,000 – which puts the R100m claim by Survé into perspective. Also, it reflects that SA courts "don't regard defamation as a way you can make a fortune" and do not want to stifle the way the media serves the public interest.In the interview Milo also addresses the lesson learned from a raft of litigation launched by former president Jacob Zuma where his claims against various parties ran to about R50m.In these instances, the highest profile of those being attacked, cartoonist Zapiro, called Zuma's bluff and said the case would be defended. Zuma duly folded and withdrew all of his other attacks. Milo says the dilemma for publishers is the cost involved in getting to the position where they call the litigant's bluff. Hence the recommendation that SLAP laws be introduced to prevent abuse.

Trevor Manuel’s winning libel lawyer Dario Milo on SA’s mushrooming defamation suits

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