The Constitutional Court has dismissed former finance minister Trevor Manuel's application for leave to appeal against the Supreme Court of Appeal's [SCA] dismissal of a ruling that the EFF pay him R500,000 in damages and apologise to him.
But a ConCourt order dated September 15 dismissed Manuel's application, saying it is not in the interests of justice to hear the matter at this stage.
The SCA, last December, said claiming damages in application proceedings without hearing oral evidence was not permissible and referred Manuel's claims to the high court to be pursued through a trial action. “It is clear that the dispute about the extent of Mr Manuel’s asserted reputational loss could be fully explored and resolved by way of oral evidence,” it said.
“A cross-examiner might enquire of Mr Manuel whether his friends abandoned him, or whether he was dropped from any of the boards of companies on which he sits. He could be asked whether the reaction to the defamatory statement by those within his circle was that he should ignore whatever the applicants said because the statements complained of was typical of them,” said the SCA.
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