Lesley Cowling
THE state is obliged to pay a substantial portion of the costs of General Lothar Neethling’s litigation against the Weekly Mail and Vrye Weekblad as a result of this week’s Appeal Court judgment.
Neethling sued the newspapers for defamation in 1989, lost the case in the supreme court and won on appeal in Bloemfontein. His case was handled by the state attorney’s office, who briefed senior and junior counsel on his behalf.
This raised eyebrows among legal practitioners, who felt the state should not fund an individual’s private suit, even if he was a public servant.
Concern about the Neethling case rose as litigation continued, with Neethling asking the Appeal Court to determine the amount of damages and the costs of the case, rather than sending him back to the trial court for that decision.
Commentators said the state’s continued support for Neethling was incompatible with the new government dispensation and called for a review of cases at the state attorney’s office.
Democratic Party MP Dave Dalling said he would ask questions in parliament about the cost to the state of Neethling’s litigation, whether it plans to continue to fund the case and why.
This week, the Appeal Court decided that Neethling should go back to the trial court to decide on “quantum” — the amount of damages. The legal costs of the applications to the Appellate Division over the issue of quantum were to be borne by Neethling, the court ruled.
These costs are likely to be substantial, including fees for senior and junior counsel on both sides. The litigation is also unlikely to end soon — lawyers for the newspapers intend to apply for leave to re-open the case and to lead new evidence which has become available.