Johannesburg - Media personality Gareth Cliff's contract as Idols SA judge was illegally terminated by M-Net, the South Gauteng High Court heard on Tuesday.
Cliff's legal representative Advocate Dali Mpofu argued that a contract between Cliff and M-Net existed until Cliff entered the fray on racism on social media and tweeted about freedom of speech.
Gareth Cliff: M-Net unfair and inconsistent
“I must start by making it clear that this matter is not about whether Cliff is racist or or not. Both parties agree that he is not. This is about the enforcement of a contractual right,” Mpofu said.
M-Net had argued in its answering affidavit that negotiations with Cliff for the 2016 season were not finalised, and therefore no contract existed between the parties.
Read: Gareth Cliff dropped from SA Idols
Cliff was fired by Idols SA after tweeting about freedom of speech following former estate agent Penny Sparrow's tweet calling black beachgoers in Durban monkeys.
Mpofu said whether the contract was in written form or verbal “was neither here or there”.
“Of course, if it is written, it is easier to prove, my lady. A verbal or written contract is binding by law, either way.”
He read a series of email communications between Cliff and M-Net, in which M-Net stated that the dates for the 2016 season had been confirmed, and arrangements to accommodate Cliff's crew during the tours were made, including a six percent salary increase for Cliff.
“There can be no doubt that there was a contract, and that it was terminated unlawfully. The agreement was there until that tweet,” Mpofu said.
“My lady, and there is nowhere in M-Net's public statements or announcements where it is stated that Cliff breached this or that and there the contract is cancelled... nothing.”
Read: Gareth Cliff suing M-Net for R25m
Cliff wants the court to halt the 2016 Idols SA auditions, scheduled to get underway at the end of the month, until he is reinstated or compensated R25 million for defamation and unlawful dismissal.
The case continues.
African News Agency