The likely price tag for M-Net to extract Gareth Cliff from his Idols SA judge’s seat this season could cost the pay- channel millions.
Legal experts believed that in light of the ugly split that saw Cliff and M-Net part ways on January 9 they may realistically not be able to work together.
This even as Cliff’s urgent interdict to be reinstated as the Idols SA judge was granted by the South Gauteng High Court on Friday morning.
Labour law expert Johanette Rheeder, director at Johanette Rheeder Inc, believed that Cliff has a strong case and with it the potential to claim significant damages.
“In a civil case, he can claim damages for breach of contract, loss of income and obviously reputational damages as he is a public figure and the cloak of racist is dooming for any public figure in South Africa. This can amount to millions as it will depend on the facts of the matter.
“Mr Cliff did not claim any damages in the first part of his application on which the judge ruled in the urgent court application. He has, however, claimed damages in the B part of his claim and a settlement can involve a substantial amount,” she said.
Another labour lawyer, Ivan Israelstam, chief executive of Labour Law Management Consulting, said if M-Net intends to stick with a decision to fire Cliff, it’s unlikely he will back down on his demands for compensation. Cliff had asked the court to rule on him being reinstated or for M-Net to pay him R25 million in damages for defamation of character and the termination of his contract.
Israelstam said at this stage there was no way of estimating how much M-Net would need to pay Cliff because calculations would have to be based on past and future loss of earnings.”
Ludwig Frahm-Arp, an employment lawyer and partner at the Joburg law firm, Fasken Martineau, believed at the very least a pay-off would amount to Cliff’s full fee for the 2016 season, which would be R377 530.
Cliff walked out of court on Friday with a grin on his face. His lawyer, Eric Mabuza, who was at his side said they always believed the case was a “travesty of justice” and Cliff’s victory was significant.
“The case indicates that everyone is equal before the law. It also indicates that human rights are human rights and that there is no black human rights or white human rights.”
Last night, Mabuza confirmed to the Saturday Star that Cliff had not ruled out the possibility of continuing with his lawsuit for R25m in damages. “The case is still pending and we have 60 days to file the application,” he said.
M-Net head of publicity Nondumiso Mabece said last night: “As ordered by the court, and as a good corporate citizen that respects the rule of law, M-Net will reinstate Mr Cliff as a judge on season 12 of Idols SA.”
Earlier in the day Judge Caroline Nicholls gave her verdict in under 10 minutes to a packed courtroom. She found the embattled broadcaster had a prima facie case for temporary reinstatement and ordered M-Net to pay Cliff’s legal fees. Nicholls found that it was “disingenuous” of M-Net to deny that an agreement existed between Cliff and the broadcaster.
She said it could not be ignored that Cliff’s value as an Idols SA judge had been his tendency to shock and provoke, an image that M-Net has apparently supported, or certainly overlooked, until now.
Cliff was fired for what M-Net deemed a racial slur after he weighed in on the Penny Sparrow race debacle during the holidays.
In a Facebook post which sparked social media outrage, Sparrow, a former estate agent, referred to black people as “monkeys”.
Cliff commented on the issue, tweeting that “people really don’t understand free speech at all”. He has apologised, saying his comments were taken the wrong way.
He said all further questions would be answered at a press conference on Saturday.
Saturday Star