Axed Idols SA judge Gareth Cliff suffered “one of the worst forms of discrimination” because he is white.
This was what Cliff’s advocate, Dali Mpofu SC, told the Johannesburg High Court yesterday as Cliff asked the court to order M-Net to reinstate him as Idols judge or pay him R25-million in damages for defamation of character and the termination of his contract.
M-Net axed Cliff as a judge for the 12th season of the South African version of the reality talent show earlier this month after a public outcry over a remark he posted on social network Twitter.
In the wake of the Penny Sparrow racism row, Cliff tweeted: “people don’t understand free speech at all”.
“He was discriminated against because he is white by historically white supremacists,” Mpofu said.
Had one of the other Idols judges, Unathi Msengana or Somizi Mhlongo, sent the same tweet Cliff had sent, it would not have ended up in court, Mpofu said.
Msengana and Mhlongo have both been lambasted in the past for offensive messages on social media.
“If you retain Msengana and Mhlongo, then retain Cliff,” Mpofu said.
He said M-Net could not fire Cliff for exercising his freedom of expression.
“Freedom of expression is nothing but a right to offend. It is meant for offensive statement.”
He said M-Net had hired Cliff because he was a controversial figure.
Mpofu said earlier in the day that the case was not about whether Cliff was a racist but rather about the enforcement of contractual right.
He said there was a contract between Cliff and M-Net that he would appear as a judge on the next Idols season and in terminating the contract M-Net had violated Cliff’s constitutional rights.
He led the court through a series of e-mails exchanged between Cliff and M-Net in December in which M-Net informed Cliff that his contract to be a judge on the upcoming season of Idols would be sent to him once it was in hand.
The e-mails contained dates of this year’s auditions for the show and also promised Cliff a 6% increase in pay to R377530.
But Advocate Wim Trengove argued on behalf of M-Net that there was no contract between M-Net and Cliff.
He said there was correspondence indicating that a contract was being considered but this changed after the tweet and the reaction to it.
Trengove said the public perception that Cliff was a racist was enough for M-Net to say it did not want him representing its brand.
“It’s untenable to . He defended hate speech of a grievous kind.
“M-Net say they do not want somebody who defended Penny Sparrow,” Trengove said.
Judge Caroline Nicholls reserved judgment and said she would deliver her ruling by 10am on Friday.
The first auditions for Idols are scheduled to take place in Durban on Saturday. — Tiso Black Star Group Digital/Tiso Black Star Group Courts and Law
Cliff suffered ‘worst discrimination’
This was what Cliff’s advocate, Dali Mpofu SC, told the Johannesburg High Court yesterday as Cliff asked the court to order M-Net to reinstate him as Idols judge or pay him R25-million in damages for defamation of character and the termination of his contract.
M-Net axed Cliff as a judge for the 12th season of the South African version of the reality talent show earlier this month after a public outcry over a remark he posted on social network Twitter.
In the wake of the Penny Sparrow racism row, Cliff tweeted: “people don’t understand free speech at all”.
“He was discriminated against because he is white by historically white supremacists,” Mpofu said.
Had one of the other Idols judges, Unathi Msengana or Somizi Mhlongo, sent the same tweet Cliff had sent, it would not have ended up in court, Mpofu said.
Msengana and Mhlongo have both been lambasted in the past for offensive messages on social media.
“If you retain Msengana and Mhlongo, then retain Cliff,” Mpofu said.
He said M-Net could not fire Cliff for exercising his freedom of expression.
“Freedom of expression is nothing but a right to offend. It is meant for offensive statement.”
He said M-Net had hired Cliff because he was a controversial figure.
Mpofu said earlier in the day that the case was not about whether Cliff was a racist but rather about the enforcement of contractual right.
He said there was a contract between Cliff and M-Net that he would appear as a judge on the next Idols season and in terminating the contract M-Net had violated Cliff’s constitutional rights.
He led the court through a series of e-mails exchanged between Cliff and M-Net in December in which M-Net informed Cliff that his contract to be a judge on the upcoming season of Idols would be sent to him once it was in hand.
The e-mails contained dates of this year’s auditions for the show and also promised Cliff a 6% increase in pay to R377530.
But Advocate Wim Trengove argued on behalf of M-Net that there was no contract between M-Net and Cliff.
He said there was correspondence indicating that a contract was being considered but this changed after the tweet and the reaction to it.
Trengove said the public perception that Cliff was a racist was enough for M-Net to say it did not want him representing its brand.
“It’s untenable to . He defended hate speech of a grievous kind.
“M-Net say they do not want somebody who defended Penny Sparrow,” Trengove said.
Judge Caroline Nicholls reserved judgment and said she would deliver her ruling by 10am on Friday.
The first auditions for Idols are scheduled to take place in Durban on Saturday. — Tiso Black Star Group Digital/Tiso Black Star Group Courts and Law
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