ISSUE 254 - FREE
10
JANUARY 2020
COMMUNITY NEWS. ORIGINAL - ACCURATE - FIRST
017 631 1903 / 017 631 1845 • admin@thebulletin.co.za • 1 Kiewiet Street, Secunda (Lake Umuzi)
TO ADVERTISE IN THIS SPACE CALL 017 631 1845 017 631 1903
Bulletin wins defamation case V
context dealing with animals. as something, not just anything, but as an insulting reference is made “From the above, it is found that there a useless object not meant to exist at about the size of his mind.” is nothing defamatory about the all. She hailed serious insults at him, “Ms. Geel proved to be an unreliable article. As a result, the plaintiff’s claim something that would have left the and evasive witness who shifted the ought not to succeed.” Judge Mali readers pondering whether Mr van blame to stress and forgetfulness.” concluded. Huyssteen is in the right state of mind Judge Mali said. Jenneth Geel vented her anger on social media after the publication APRIL of the article 2018 and made COMMUNITY NEWS. ORIGINAL - ACCURATE - FIRST defamatory 017 631 1903 / 017 631 1845 • admin@thebulletin.co.za • 1 Kiewiet Street, Secunda (Lake Umuzi) statements of her own regarding The Bulletin’s editor stating that he should have been flushed Community outraged by decision to shoot baboon down the drain “The National Council of SPCA is the team. The cage was immediately made before the cells largest animal welfare organisation available and could have arrived in in South Africa. It prevents cruelty, GMM within two hours. divided. The promotes kindness and alleviates the The pleas fell on deaf ears as the suffering of animals. Our objective order came from the SPCA to shoot social media is to serve and protect all animals, to the animal. Pressure from the public post makes uplift their welfare and to ensure that also did not deter Inspector Geel from the protection they have under South giving the order. It was witnessed that more remarks, African law is upheld and protected.” Inspector Geel was listening to the including that In a bizarre twist of events, the protector conversations on the Zello channels of animal rights, turned into the hunter on more than one occasion. The the article when Jenneth Geel, Senior Inspector conversation was played to her by is a pack of of the Highveld Ridge SPCA gave the another reporter. order to shoot an escaped baboon. Arguments were made that this animal lies, that it is In January the Bulletin reported the is stressed and threatened people. When speaking to those that were defamatory and following: “A Brahman Bullock calf was shot in eMbahlenhle after causing involved in tracking down the animal it a counterclaim havoc and attacking several people. It became clear that this was a captured all started when the bullock somehow animal that came loose. Members of was lodged. found his way into the eMba Sasol club Stratconrisk were able to approach the This claim on the morning of 15 January.” animal and get as close as 5 meters As well as “We decided to rather put it from him before he bared his teeth. succeeded. down before it caused more damage” This cancels the argument that he was Judge Mali A baboon was sighted on the 4th unapproachable and that no one could of April in the Tugela street area as get close enough to dart him. said in her it vaulted a wall. First reactions of Animals that are cornered will warn everybody was that it was a very good people when they are getting too close. judgment: April fool’s joke. Social media then This is exactly what happened with the “Defences to came alive with reports of baboon baboon. sightings as well as offers to help Witnesses also spoke to the Bulletin and defamation capture the baboon. said that the baboon has his regular have been At the time of writing this article, 117 sleeping spot, just as baboons would 598 thousand people saw this post on do. The baboon has been observed in referred to the Bulletin’s Facebook page alone the trees for a while according to the (post reaches), it was shared 656 times same witnesses. If there was a pattern it above. Anger, and had received 863 comments. These could easily have been captured. forgetfulness figures do not include shares, reaches One of the people tracking the baboon and comments on other pages. The even called him by name and knew and stress shares even reached animal rights who the owner was, stating that the are not one groups countrywide. Groups such as baboon lived in the trees behind the Baboon matters and Prime crew. fire station. It could not be determined of them. The A number of people have offered if this baboon was the same baboon. reader of the assistance to capture the animal or Observations made by the Bulletin even dart the animal. Jenneth told the was not of a frightened, angry and Facebook Bulletin not to interfere and to leave the aggressive animal but more of an issue with them that actually know more escaped pet. At no time was anyone Bulletin News about these animals than the Bulletin. threatened nor did it show any would have “This animal is stressed out and needs aggressiveness towards people or to be shot,” said Jenneth, “someone animals. At one stage it jumped down thought little might be injured” from a tree and casually ran between of the Chief The Editor of the Bulletin himself barking dogs to the next yard. It is not offered his help in shooting the animal how a frightened, cornered animal Editor of The to GMM’s Fire department if the animal would behave. Bulletin news. posed any risk to the public. After The order to shoot could have waited sighting the animal, it became clear that until all options have been exhausted. Ms. Geel’s this animal was not stressed as said by This was surely not the case! inspector Geel. Therefore, no need to Once the animal was shot, Inspector words cannot put it down. Geel tried to prevent the Bulletin from be turned The Bulletin has actually been in contact taking photos. She also tried to chase with several people to help capture the the Bulletin of the property. When told around to animal. We have contacted a group of that it is not her property she tried to mean anything people called “Saving the Survivors” get the owners to instruct the Bulletin from Pretoria that immediately arranged to leave the premises. Again this was except that Jenneth Geel, Senior Inspector of the Highveld Ridge SPCA. for a baboon trap as well as a darting refused. Continued to page 3 she does not even see Mr van Huyssteen as a human being. She portrays him ISSUE 171 - FREE
ictory for The Bulletin in a R1,2M Defamation of Character case. The Bulletin was sued for an astronomical amount of R1,2M after an article was placed in April 2018 when a baboon was shot. The Bulletin reported extensively on the handling of the matter, especially by the SPCA and their senior inspector at the time, Jenneth Geel. There was a keen public interest in the matter and a huge public outcry at the eventual shooting of the baboon. Senior Inspector Jenneth Geel, in her capacity, subsequently sued The Bulletin for R1.2m stating that the article was defamatory, premised on the following and accompanying sting: That the plaintiff (Jenneth Geel) is heartless, ruthless, careless, confrontational and without moral fibre and is, in fact, an enemy of animals contrary to her position as SPCA inspector. That the plaintiff has gone against and failed to uphold her duty to protect animals following her position as SPCA inspector. That the plaintiff cruelly executed an animal without exhausting other options. Inferring that the plaintiff did not take the interests of the animal into consideration contrary to her position as SPCA inspector and that the plaintiff lied about the condition and circumstances of the animal and incident. The matter was set down for trial in the Middelburg High Court on 26/27 August 2019. In her judgment, High Court Judge Mali said: “The pertinent question to ask is what an ordinary reader of The Bulletin would have understood in reading the article. The readers would have understood that the SPCA failed to protect animal rights as expected. Furthermore, Ms. Geel gave the order to shoot an escaped baboon. By virtue of her position as Senior Inspector at the SPCA, she is the face of the organisation. It is very correct and prudent that the article had to carry her photograph.” At the time of publication, Jenneth Geel was contacted twice by Gwendie Venter, reporter at The Bulletin at the time, to verify the facts and to give her an opportunity to comment. Geel declined the opportunity. The Bulletin used a sentence that said: “The protector of animal rights turned into the hunter”. Judge Mali also found that the word “hunter” to be adequately utilised in a
13
SPCA - Friend or foe?