Judge Norman Manoim said the public had a right to be informed about the allegations against Els.
Privacy vs public interest and investigative journalism featured in the Gauteng High Court, Johannesburg, when a businessman who was ambushed by Devi Govender of the Devi Show on e.tv, turned to court on the eve before he was featured on the programme.
Gregory Els and his company Praxley Corporate Solutions (“Praxley”) wanted to stop the screening of the show, which features video footage of him without him giving his consent to it.
He said he was lured under false pretences to a meeting, only to be faced by Govender and her camera team. They took footage of him leaving the “meeting” and rushing to his car.
He wanted the television company to be interdicted from using the footage.
The footage and a story regarding his alleged shady business was, however, aired on Sunday night after Judge Norman Manoim refused the interdict.
Els maintained that there is no public interest in his business affairs as he is not a prominent public figure and has no profile on social media.
The judge said the public had a right to be informed about the allegations against Els. He added that if Els was wronged in any way, he could sue the television station and those involved in the broadcast for damages.
According to court documents, on October 24, Els was contacted by someone claiming to be Hendrik Zowitsky who asked to meet with him to advise him on the sale of a business. They arranged to meet at a coffee shop in Sandton. Els arrived there only to be confronted by a TV crew from e.tv led by Govender.
Govender proceeded to ask Els questions about why he had not refunded a Dr Reza his money. Els did not respond and then walked to his car. Devi and the TV crew followed, filming him climbing into his car.
Els asserted his right to privacy on two bases – his general right to privacy and that the conduct infringes his rights to privacy in terms of the Protection of Personal Information Act (POPIA).
Judge Manoim said it is not clear what personal information Els relies on.
“The footage will show him getting up and walking away to his car.
Although it reveals his name, this identification is part of the broadcast in any event which is not the subject of the interdict. Nor is his appearance an issue as it is already in the public domain on Praxley’s website,” the judge said.
In turning down the interdict, the judge however did order that the number plates of Els’s car, as captured on the footage, may not be displayed on the programme. This is to personally safeguard Els.
Cape Times
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