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.....


This article first appeared on CapeTalk : The horse has bolted, says Dario Milo in reaction to state attempts to stop book


Recommended

by NEWSROOM AI

702 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 702 community a safe and welcoming space for all.

702 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.

702 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
[LISTEN] Father shares how he shot the man who raped his daughter

[LISTEN] Father shares how he shot the man who raped his daughter

Johannesburg father, Chris says he had just come back from work when he walked in on an employee raping his 17 year old daughter.

Soulful Sundays Playlist: Sunday 11 June 2017

Soulful Sundays Playlist: Sunday 11 June 2017

Favourites to feed your soul on Sunday.

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

UPDATE: Chilling WhatsApp from Marli van Breda's ex-boyfriend read out in court

Marli van Breda's ex took the stand in the trial of triple murder accused Henri van Breda.

So what exactly is radical economic transformation?

So what exactly is radical economic transformation?

Wits associate professor of economics Christopher Malikane speaks to Azania Mosaka about the term that is being bandied about.

Competition Commission investigates five companies to stamp out price-fixing

Competition Commission investigates five companies to stamp out price-fixing

Commission says investigation into food and agro processing companies is important because of high levels of inequality in SA.

Who is Advocate Tembeka Ngcukaitobi?

Who is Advocate Tembeka Ngcukaitobi?

The EFF lawyer stole the show during the state capture report court battle.

WIN! WIN! WIN! 3 MTN Biz Quiz questions could bag you R2000

WIN! WIN! WIN! 3 MTN Biz Quiz questions could bag you R2000

Broke, but clever? Enter the MTN Biz Quiz (it'll take less than 30 seconds of your time) - you could win R2000!

3 easy questions could bag you R2000!

3 easy questions could bag you R2000!

WIN R2000! But only if you can prove you're a whiz of the MTN Biz Quiz by answering the following three questions...

Meet Errol Musk - father of Elon, the most innovative entrepreneur of our age

Meet Errol Musk - father of Elon, the most innovative entrepreneur of our age

Elon Musk, as you’d expect, hails from an exceptional family. Bruce Whitfield interviews his Capetonian father.