Isuzu 4X4 saga continues
Judgement was reserved in an Appeal Court bid by Delta Motor Corporation on Monday to silence an irate client who had been publicly condemning the manufacturer since his Isuzu bakkie broke down three years ago.
CARtoday.com reported last year that the dispute arose in April 2001 when the chassis of Jaco van der Merwe's bakkie was bent while on holiday in Namibia. The bakkie was just over a year old and van der Merwe claimed the damage was caused by an inherent defect that Delta had refused to replace of repair.
Delta argued the damage was caused by driver abuse, after which van der Merwe launched a chain e-mail campaign denouncing the company. Signs were fixed to his bakkie reading "the worst 4X4Xfar" and he started displaying the distorted bakkie at motor shows.
The matter was taken to court by Delta, which was granted an interim interdict in June 2002. This prevented van der Merwe from exhibiting his bakkie or publishing defamatory statements about the company's products until a final court ruling.
When the matter came before court again, acting Judge Roger Claasen refused to confirm the interim order and held that the slogans and e-mails were not defamatory.
Delta launched an appeal with the Supreme Court of Appeals after the Pretoria High Court's decision. The manufacturer maintained van der Merwe's conduct was defamatory and contested his argument that his constitutional right to freedom of speech protected his actions.
1 June 2004
‘Bent bakkie’ case closed
The Supreme Court of Appeal in Bloemfontein on Monday ruled that the slogan, "worst 4X4Xfar" pasted along the side of an Isuzu bakkie did not defame General Motors SA.
Early in May, judgment was reserved in an appeal court bid by the former Delta Motor Corporation to censure Jaco van der Merwe, who said the chassis of his Isuzu bakkie bent three years ago while he was on holiday in Namibia. The bakkie was just over a year old, and Van der Merwe claimed the damage was caused by an inherent defect that Delta refused to replace or repair.
Delta argued the damage was caused by driver abuse and Van der Merwe launched an e-mail campaign after which the matter was taken to court by Delta. The case was later taken to the Supreme Court of Appeals to contest the plaintiff's constitutional right to freedom of speech.
GMSA said the reason it became involved in the protracted legal case involving the Isuzu bakkie and its bent chassis was to protect the its brand and it did not want customers who supported Isuzu to suffer if the brand was devalued by defamatory statements.
Doug Harrison, director after sales of GMSA, on Monday said: "It is important that members of the public understand that this case has not been about the integrity of our products, an issue which was not dealt with in these proceedings. The issue involves defamation and Mr Jaco van der Merwe's right to freedom of expression.
"Had there been any doubt in our minds regarding the integrity of our products, we would not have continued to pursue legal action."
Harrison went on to say GMSA now viewed "this matter to be closed
