ELS AND ANOTHER V EMEDIA INVESTMENTS (PTY) LTD (25902/2021) [2024] ZAGPJHC 1164 (19 NOVEMBER 2024):
The Johannesburg High Court recently delivered a judgment which has affirmed the public’s right to transparency and accountability and has delivered a crucial win for both consumer redress and press freedom. Gregory John Els and his company, Praxley brought an urgent application seeking to prevent the broadcast of footage filmed by the Devi Show on e.tv. The footage in question depicts Els being confronted regarding allegations of failing to refund one of his customers and shows him not responding and walking away to his car.
The High Court dismissed the application, emphasising that freedom of expression particularly in matters of public interest is paramount. The Court acknowledged that while the right to privacy is important, it is not an absolute right, especially when an individual’s business dealings potentially impact unsuspecting members of the public. By dismissing the application, the Court allowed e.tv to broadcast the footage in question while ordering e.tv to take steps to ensure that Els’ vehicle is not identifiable by means of its licence plate or any other distinguishing feature in its broadcast.
As a firm that regularly advocates for the rights of consumers, we celebrate this judgment as a validation of using media platforms to highlight exploitative practices by suppliers and businesses. Far too often, we come across consumers who have been wronged by suppliers that disregard their obligations to consumers, leaving many of them powerless and unsure of how to fight back or hold these suppliers to account. In some of the cases we have found the media to be an effective tool in raising awareness and holding such suppliers accountable. The media’s ability to expose those who flout consumers’ rights not only gives consumers a voice but also creates a culture of accountability. Suppliers and businesses are reminded that their actions will be scrutinised, and those who act unfairly cannot hide behind secrecy or privacy as consumers deserve to know who they can trust, and this kind of transparency is a step towards creating a fair and more responsible marketplace.
For consumers, this judgment offers reassurance that you are not alone in the fight for justice. You have allies in the law, the media, and advocacy organisations and as such, if you have been exploited by a supplier, you have the right to approach the media to share your experience, not to defame, but to inform and protect others. By sharing your truthful and honest account, you contribute to public awareness while safeguarding yourself from potential defamation claims.
Platforms such as HelloPeter, The Devi Show and investigative journalists like Wendy Knowler, whom we have worked with on numerous occasions to help consumers, are powerful tools for bringing the exploitation of consumers by suppliers to light. Consumers are also encouraged to approach other media sources and platforms to raise awareness and ensure that investigative journalism continues to fulfil its vital role as society’s watchdog.