Lawyers for both Freda Adams and former Western Cape premier Gerald Morkel were tightlipped on Tuesday afternoon as intensive corridor talk between the two parties at the Cape High Court led to speculation of an out-of-court settlement.
”In all cases of this kind there are ongoing discussions between all parties. We have a responsibility to discuss and try and curtail proceedings. But the difficulty is that the information is privileged and discussions confidential,” said Adams’s advocate Willie Duminy, SC.
His sentiments were echoed by advocate Alwyn Moëller for Morkel.
”The responsibility is on legal teams to try and resolve issues as quickly as possible. We are not there to promote conflict, but to resolve it,” he said.
But Morkel confirmed outside the court room that he was amenable to an out-of-court settlement, saying he felt like a ”sort of secondary player to the main case”.
Adams is suing Peter Marais, now leader of the New Labour Party, and Morkel. Morkel and Marais are both former premiers of the Western Cape and former mayors of Cape Town.
Marais faces two defamation claims — one for R125 000 and the other for R1-million — and a R1,2-million claim for sexual harassment. Morkel is facing a defamation claim of R500 000. Marais has lodged a counter-claim of R2,5-million for defamation.
Marais also said that Adams was seeking an out-of-court settlement, because ”she was scared to be cross-examined”.
Asked whether he too would consider such a settlement, Marais said he was in the hands of his lawyers.
Earlier in the day, a clearly nervous and at times emotional Adams told the court how remarks made by Morkel regarding her mental state had affected her family life.
”I felt bad and can’t explain the trauma that followed afterwards (after Morkel’s utterances),” she said.
Pushed by her counsel Duminy to expound on this trauma, Adams, with tears welling in her eyes and reaching unsteadily for a glass of water, said it ”was very personal” and involved ”my man and my family”.
Before the lunch adjournment and subsequent discussions between the legal teams, Adams told the court that New National Party leader Marthinus van Schalkwyk had obliquely threatened her when she wanted to take Marais to court.
Detailing a meeting on October 25 2000, between herself, her then attorney Johan du Plessis, Van Schalkwyk, then premier Gerald Morkel and Andre Gaum, now MEC for education, Adams told the court Van Schalkwyk had said it was not convention to take Peter Marais, a senior member of the party, to court.
According to Adams, Van Schalkwyk said: ”It is against party policy and you know what this means.”
Adams said she interpreted this to mean that it was only a matter of time before the party would find a reason to get rid of her.
Adams said she decided to take her fate into her own hands, even if it meant selling her house to pay legal costs. She was not going to allow Marais to get away with insulting her.
”If they think (I was) going to offer my womanhood, dignity and integrity on the table for political participation, it is too much,” she said.
Adams said she handed in her resignation as a member of the NNP and as a member of the provincial legislature there and then.
Adams finished her evidence-in-chief on Tuesday and her cross-examination was expected to commence on Wednesday. – Sapa