Johannesburg - The defence lawyer in the Cell C banner case argued on Wednesday that the urgent interdict brought by the mobile service provider is "a proverbial storm in a teacup" and "an attempt to block criticism".
Forming his argument around freedom of speech, the lawyer said the banner forms part of comment / opinion: "The facts do not have to be set out," he argued.
The lawyer argued that the publication of the banner is not unlawful; it expresses fair comment. He also defined fair comment as protected comment.
Cell C's lawyers earlier argued that the urgent interdict is to prevent possible further defamation to the company's brand.
The South Gauteng High Court in Johannesburg heard on Wednesday that Cell C received a threat a week before that the banner would be put up.
The defendant in the Cell C case, who is being accused by the mobile service provider of being R5 000 in arrears with payments, has allegedly paid R61 000 for the banner he put up to express his grievance with the poor service allegedly meted out to him.
The banner, displayed at the WorldWear Mall along Beyers Naude Drive in Johannesburg, read: "The most useless service provider in SA - Cell C Sandton City."
The second respondent in Cell C's case, the mall, was not at court.
#cellcbanner second respondent, ie the mall, is not here. Cell C's lawyer says the second respondent plans to abide by the court's decision.
— Gareth van Zyl (@GarethvanZyl) November 12, 2014
Cell C wanted to know on which facts the user based his claims that the service provider was useless.
Defendent accused by Cell C of being in arrears for R5000. The banner meanwhile was claimed to cost R61,000
— Gareth van Zyl (@GarethvanZyl) November 12, 2014
The defendant's lawyer questioned the point of an interdict after the event. Cell C turned to the court after letters of demand to remove the banner were issued to both the customer and the mall's management on Thursday evening. "Our demands were ignored by both the customer and the centre management and Cell C had to launch an urgent application to have the banner removed," Cell C spokesperson Karin Fourie said earlier thsi week.Defendent's lawyer: "I don't understand how you get an interdict after it's happened" #CellCbanner
— Gareth van Zyl (@GarethvanZyl) November 12, 2014