Update

GEORGE NEWS - Good Councillor Donovan Saptoe and two senior municipal officials, Dr Michelle Gratz and Allen Paulse will most likely see each other in court after Saptoe was given till last Friday, 6 May, to apologise to the officials who is accusing him of defamation. But, Saptoe refused to say sorry.

Nico Smit of Nico Smit Attorneys on 26 April wrote letters with similar content to Saptoe on behalf of Gratz and Paulse. Smit had instructions to issue summons without further warning if certain demands were not met by 6 May.

On Tuesday afternoon, 10 May, Saptoe confirmed that he did not apologised to Gratz or Paulse.

Paulse said his legal team is finalising a summons to be served on Saptoe. Asked for comment Gratz said, "I do not wish to comment in the press."

After an inquiry by George Herald, Saptoe said in a strongly worded statement that an attorney who usually acts for the DA-led George Municipality appears to have been appointed to act on behalf of the municipal manager and the director of community services in their private pursuit of an apology and/or damages from him.

"They want me to apologise for laying a charge and issuing a public statement after being threatened with physical harm for reporting a case of maladministration and irregular staff appointments to the Office of the Public Protector. They are also threatening to sue me and my wife for R1-million each," Saptoe said in the statement.

"I approached the Public Protector to investigate the allegations because the Public Protector is an investigator of last resort, mandated to investigate maladministration, corruption and abuse of power by governments. I won't be intimidated by these bullies. I have furnished evidence of the threats we received to the police and I stand by my statements."

He said every South African has the duty to report allegations of maladministration, irregularity or corruption when they receive information that appears reliable and demands investigation.

"We will not allow allegations requiring investigation by law to be swept under the carpet. If we don't act to stop maladministration, we make ourselves guilty of complicity. As a public representative I have an extra duty to report allegations of wrongdoing relating to the council in which I serve. 

"I requested the investigation in terms of the legislation and arising out of our duty to rid our country of crookery. If Dr Gratz, the municipal manager, and Mr Paulse, the director of community services, are using municipal funds to pay for legal services to shut down scrutiny of the administration, then this would amount to a gross abuse of public funds.

"I call on them to disclose who is paying for their attempt to stop me from speaking the truth. I assume that their attorney has advised his clients that there has been no defamation and that, in any event, truth and public interest are defences to claims of defamation."

Saptoe said the lawsuit is nothing more than a publicity stunt and an attempt to intimidate anyone who has information about maladministration.

"It's a classic example of what's become known as a Slapp suit (for Strategic Litigation Against Public Participation). This describes meritless lawsuits being brought to silence individuals and/or organisations acting in the public interest. 

"The litigation is, by design, long, drawn-out and draining of defendants' resources. South Africa's courts last year recognised the Slapp defence for the first time after it was raised by a group of environmental attorneys and community activists being sued by a mining company for defamation."