It is not his duty or task to play director in deciding if the now-infamous Kamp Staaldraad DVD should be changed and then released, a high court Judge said on Thursday.
Judge Pierre Rabie said possible cuts to the DVD, suggested in argument by legal counsel for former Springbok security consultant Adriaan Heijns and Jan Steyn, are a matter for debate and negotiation between them and the players.
SA Rugby and a group of top rugby players, who attended the so-called mental toughness camp in preparation for the 2003 Rugby World Cup, have asked the court to grant a permanent interdict to stop security firm Pro-Tect International, Heijns and Steyn from distributing a DVD about the camp.
Springboks Werner Greeff, Victor Matfield, Richard Bands, Corne Krige and Schalk Burger in September last year obtained an urgent interim interdict to stop the distribution of the DVD, claiming the material, which depicted them naked and in a ”rather undignified fashion”, was an affront to their dignity and privacy.
SA Rugby — which claimed it holds the copyright to the filmed material — and 19 other rugby players later joined the application.
Heijns and Steyn claims the DVD tells the ”true story” of the boot camp and will put the alleged humiliation of the players in perspective.
Their counsel, Corrie van der Westhuizen, argued that it will in no way detract from the public image of any of the players, but will instead put what had already appeared in the media in perspective and engender admiration for their ability to have survived the rigorous training.
Van der Westhuizen said claims by the players that they were forced to participate under threat of losing their places in the South African team were not accurate.
He said the Springbok coach had not threatened the players, but ”encouraged them to take part” and ”prove them to themselves”. The team had already been announced in public by then and could not be changed, he said.
Van der Westhuizen earlier argued that the players had agreed to being filmed and had exercised in the nude at their own request. They knew the film footage would be used in future to show to other players, he said.
Counsel for the players, Rob Stelzner, accused the respondents of trying to exploit the very private images of well known sports stars, whose reputation and dignity would no doubt be affected if all and sundry were allowed to see them like that.
Judge Rabie reserved judgment. — Sapa