The horse has bolted, says Dario Milo in reaction to state attempts to stop book

Willem de Klerk Attorneys, who are representing Jacques Pauw and NB Publishers, have responded to a cease and desist letter by the State Security Agency.

The agency had called for Pauw and NB Publishers to withdraw the book The President's Keepers from stores and to retract parts of the book.

The State Security Agency argues the claims in the book violate the Intelligence Services Act.

READ: Public interest in Jacques Pauw book could trump criminal charges, says lawyer

Responding to the agency's letter, Willem de Klerk Attorneys says that Pauw and EB Publishers will oppose any application the State Security Agency takes against the book to the High Court.

Media lawyer Dario Milo says the state acted too late.

Once a book has been widely distributed, the law takes the view that the horse has bolted and it is very far from the stable. The State Security Agency is the author of its own misfortune in waiting so long before trying to take action to stop the book.

Dario Milo, media lawyer at Webber Wentzel

The second point is of course as the letter says the compelling public interest. That is not something the court is going to stop the public from reading about.

Dario Milo, media lawyer at Webber Wentzel

Milo says a right of reply is not an absolute requirement in this instance.

The most telling thing is that the State Security Agency and others mentioned in the book have the public platforms available to them to respond, what responses we have seen though have been this violates that statute, but nothing about what is inaccurate in the book, instead there is an attempt to act undemocratically.

Dario Milo, media lawyer at Webber Wentzel

The point that the letter on behalf of Pauw is trying to get across is that if particularly if an attempt is made to stop the book knowing that is available so widely, that would be an incredibly reckless thing to do. A punitive costs order may be warranted.

Dario Milo, media lawyer at Webber Wentzel

Here more from Milo here on right of reply regarding The President's Keepers.....


Recommended

by THE NEWSROOM

CapeTalk welcomes all comments that are constructive, contribute to discussions in a meaningful manner and take stories forward.

However, we will NOT condone the following:

  • Racism (including offensive comments based on ethnicity and nationality)
  • Sexism
  • Homophobia
  • Religious intolerance
  • Cyber bullying
  • Hate speech
  • Derogatory language
  • Comments inciting violence.

We ask that your comments remain relevant to the articles they appear on and do not include general banter or conversation as this dilutes the effectiveness of the comments section.

We strive to make the CapeTalk community a safe and welcoming space for all.

CapeTalk reserves the right to: 1) remove any comments that do not follow the above guidelines; and, 2) ban users who repeatedly infringe the rules.

Should you find any comments upsetting or offensive you can also flag them and we will assess it against our guidelines.

CapeTalk is constantly reviewing its comments policy in order to create an environment conducive to constructive conversations.

Read More
No certainty if strange stone originates from outside the solar system

No certainty if strange stone originates from outside the solar system

In 2013 researchers announced the 'Hypatia' stone found in the south-west of Egypt, was most certainly not from Earth.

[LISTEN] ANC's proposed land expropriation explained

[LISTEN] ANC's proposed land expropriation explained

The Institute of Race Relations explains the confusion around the proposed amendment to Section 25 and how this affects property.

Public interest in Jacques Pauw book could trump criminal charges, says lawyer

Public interest in Jacques Pauw book could trump criminal charges, says lawyer

The State Security Agency and Sars have threaten legal action against Pauw for his book that exposes Zuma's alleged dealings.

Sars considers legal action against Jacques Pauw and Sunday Times

Sars considers legal action against Jacques Pauw and Sunday Times

Sandile Memela, SARS spokesperson says a taxpayer may not have their information revealed unless ordered so by a High Court.

LISTEN: Jacques Pauw defends credibility of tax evasion claims in Zuma book

LISTEN: Jacques Pauw defends credibility of tax evasion claims in Zuma book

Author Jacques Pauw says his explosive book is about the cabal behind the President that's keeping him in power and out of prison.

LISTEN: Sars was used to exonerate Jacob Zuma and his cronies - Jacque Pauw

LISTEN: Sars was used to exonerate Jacob Zuma and his cronies - Jacque Pauw

The author of a new book, the President's Keeper, details the destruction of law enforcement agencies under President Zuma.

Popular articles
[WATCH] Grootes's take on why EFF silent on Dlamini's SABC interview

[WATCH] Grootes's take on why EFF silent on Dlamini's SABC interview

702 Afternoon Drive host Stephen Grootes's comment involves past dealings that involve EFF national chair, Advocate Dali Mpofu.

Punitive tariff hike for water guzzlers to hit CT households where it hurts

Punitive tariff hike for water guzzlers to hit CT households where it hurts

Harsher punitive tariffs on the cards as 'Day Zero' becomes a reality as the result of 60% of Capetonians who ignore water limits.

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Madiba’s private secretary Zelda la Grange opens up about money (hers and his)

Bruce Whitfield interviews La Grange about her and Madiba's attitude to money (hopes and fears, successes and failures, etc.)

WATCH: Innovative spray limits toilet flushes and saves water

WATCH: Innovative spray limits toilet flushes and saves water

Loo Me is a simple yet effective scented foam that takes the yuck out of "mellowing" toilets preventing multiple flushes.

I was not introduced to Ajay Gupta - Grootes

I was not introduced to Ajay Gupta - Grootes

Stephen Grootes says he believes former Eskom CEO Brian Dames when said he was not formally introduced to the Gupta family.

It's not the end of the road... Top tips to improve your matric

It's not the end of the road... Top tips to improve your matric

"Recognise that it’s not the end, it’s the beginning." Expert advise for school-leavers who want to improve their results.