Update
GEORGE NEWS - Good Councillor Donovan Saptoe may end up having to fork out R2-million if he doesn't apologise by tomorrow, Friday 6 May, to two senior municipal officials, Dr Michelle Gratz and Allen Paulse, after alleged defamation.
On 26 April, Nico Smit of Nico Smit Attorneys wrote letters to Saptoe on behalf of Gratz, the municipal manager, and Paulse, the director for community services at the George Municipality.
Gratz and Paulse confirmed that the letters were written on their behalf and Saptoe confirmed yesterday, Wednesday 4 May, that he has received the letters. George Herald has a copy of the letter that Smit wrote on the instructions of Paulse, similar to the one written on behalf of Gratz.
In this letter, Smit writes, "Our instructions are that on the 25th March and the 26th April 2022 you caused defamatory statements regarding Mr Paulse to be published on Facebook and in the general press, indicating inter alia:
- That he directly instructed the two labour relations officers be appointed irregularly as senior managers in posts that did not exist in the municipality;
- that Council was misled in this regard;
- that he acted in collusion with Dr M Gratz, the acting municipal manager, to conceal the irregular appointment from Council;
- that at least one of the employees does not meet the post requirements; and
- that the two persons in question have been appointed wherever Mr Paulse has worked in local government, directly implying that he caused their appointments on each occasion."
Smit further writes that these statements were wrongful and defamatory of his client.
He writes that they were intended to defame Paulse and injure his reputation and would have been understood in their normal meaning to convey that Paulse was:
- dishonest;
- guilty of nepotism;
- acting against the interest of his employer, the George Municipality;
- guilty of corruption;
- not trustworthy and
- not fit for employment as a senior manager in local government.
"The statements were false as Mr Paulse played no role in the appointments of the two officials who were in any event not appointed as senior managers which you (Saptoe) could have established by making a simple enquiry at the Human Resources Department of the municipality."
The letter states that as a result of Saptoe's defamation, Paulse's reputation has been damaged and he has suffered damages to the extent of R500 000 for the defamation that occurred on 25 March, as well as R500 000 for the defamation that occurred on 24 April.
"We have instructions to demand from you as we herewith do payment of damages in the amount of R1 000 000.00," the letter states.
Paulse also demanded that Saptoe refrain from further publication of the "baseless and defamatory allegations", failing which the court will be approached for "appropriate interdictory relief". Saptoe must also issue a public apology setting the record straight.
If these the demands are not met by Friday 6 May, Smit has instructions to issue summons without further warning.
Paulse told George Herald on Tuesday 3 May that the allegations made by Saptoe are devoid of all truth and reiterated that Smit will issue summons against Saptoe if Saptoe does not tender a formal apology and retract the false statements by Friday.
Saptoe said he is standing with the facts of the matter. "I have already referred the appointments to the Public Protector for further investigation. I find it ethically challenging that they (Gratz and Paulse) use the same lawyer. He is a service provider for the municipality."
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