Cape Town mayor Dan Plato has been given the go-ahead to use council funds in order to bring an action for defamation against a local tabloid who claimed that he was having an extra-marital affair.

“A late report to the council on Wednesday said it was in the public interest that those responsible were held liable for their actions. If successful, Plato would use any proceeds from a court award to repay the legal costs incurred — and would either donate the balance to a worthy cause or would it return to the city.” (IOL)

Of course how and why it was considered “in the public interest” for the legal fees of an individual, suing in respect of damages allegedly done to his reputation by a tabloid, to be paid for by the taxpayers of the Mother City is something of a mystery. If anything the issue is peculiar to Plato and the only benefit that the public might derive — at a great stretch — is that somehow supposedly cowed by his victory, if that is the case, newspapers would be reluctant to repeat the exercise on others.

It can never be the case that it is in the interest of the public for politicians to use taxpayer’s money to clean up their reputations. If anything that is the job of the politician failing which it might count against them in their political careers.

Indeed this is one that might have found its way onto the front pages of the British press in terms of their campaign against politicians who claim for extraordinary expenses. It might not be a moat or a chandelier but it certainly involves a lot of chutzpah.

No doubt most local legal analysts would subscribe to the view that where an individual seeks redress for wrongs committed against them in their personal capacity the action to be taken and the costs thereof must fall to the party concerned.

In addition where the individual concerned is a public figure — as is the case with Plato — there can be no financial assistance from the council or otherwise. It must be funded by Plato himself.

With the enormous legal bills that the public has been required to fund in respect of cases against public figures in the past, the time has come to set the guidelines on this issue once and for all.

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Michael Trapido

Michael Trapido

Mike Trapido is a criminal attorney and publicist having also worked as an editor and journalist. He was born in Johannesburg and attended HA Jack and Highlands North High Schools. He married Robyn...

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