Mr Gay World vs Louw Breytenbach Defamation Case Dismissed
Update: Mr Gay World issued a response to the dismissal on 17 April, 2024, which can be read here.
The Pretoria High Court has dismissed the defamation case brought by Mr Gay World against its former titleholder, South African Louw Breytenbach, on technical grounds.
Breytenbach was crowned Mr Gay World in October 2021 but resigned a mere two months later, sparking a bitter dispute with the event’s organisers.
The case stemmed from statements made by Breytenbach and his publicist, Gavin Prins, in a December 2021 press release and in other media about Mr Gay World. Breytenbach accused the organisers of trying to make him sign what he described as an “unconstitutional and opaque” contract.
He also alleged that his “image was being abused” and claimed that Mr Gay World officials refused to meet with him and his lawyers to resolve the matter. Breytenbach further questioned the use of funds by the Mr Gay World Foundation.
Defamation Court Battle
Mr Gay World rejected Breytenbach’s allegations as false, sued him for defamation, and sought an interdict to stop him from continuing to make any further disputed claims. Mr Gay World also asked the court to order a public apology and the payment of damages, to be determined.
On Friday, Acting High Court Judge Mervyn Rip dismissed the case, not on its merits but due to several technical concerns about the manner in which the matter was brought to court. He argued that this prevented him from making a judgment on the issues at hand. He also awarded costs against Mr Gay World.
“The procedure that was adopted by the Applicants in bringing this matter on application appears to be fatally defective,” he wrote. The judge explained, however, that “In saying this I have not determined the merits of the claim for defamation as such.”
Breytenbach and Prins Welcome Dismissal
In a statement, Breytenbach and Prins said they viewed the dismissal of the case as a victory.
“I am beyond thrilled with the outcome and wish to extend my deepest thanks to everyone who stood by me during this time. May we remember that silence in adversity is complicity,” Breytenbach asserted.
Prins remarked: “I have always maintained that everything we have said in the media is of public interest and it is the media’s responsibility to the public. Armed with these facts, we stood fast against a legal battle with O’Neil and Van Niekerk. I am thankful to the honourable court for this judgement. Everyone has a right to expression, which is a pillar of our democracy.”
Mambaonline contacted Mr Gay World for comment but the organisation declined to make a statement until its legal team provides more feedback.
Update: Mr Gay World issued a response to the dismissal on 17 April, 2024, which can be read here.
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