- Christopher Logan, who accused Hank’s Olde Irish Pub of racism almost three years ago, says he’s relieved by the Western Cape High Court ruling.
- The Western Cape High Court on Monday rescinded a R1.25-million default judgment against Logan.
- The matter dates back to December 2022, when Logan accused pub owner John Papadakis of racism and claimed his friend, Thabiso Danca, was denied entry to the pub because of his race.
A Cape Town man who alleged racism at Hank’s Olde Irish Pub on Bree Street says the past four years have left him emotionally exhausted.
The Western Cape High Court on Monday rescinded a default judgment previously requiring Christopher Logan to pay R1.25 million in damages to the pub’s owners.
Logan initially accused the establishment of racism in December 2022.
Judge Nathan Erasmus granted Logan’s rescission application, filed in December last year, effectively nullifying the judgment handed down in November.
In an interview with News24, Logan, who now lives in the US, expressed relief at the court’s decision.
“This matter has taken a massive toll on my personal life and well-being, as well as affected my loved ones,” he said.
He stressed that the social and emotional costs had been huge and had affected his sense of self.
The case stems from an incident in which Logan alleged that his friend, Thabiso Danca, was denied entry to the pub because of his race.
The allegations went viral on social media, and an assault case was opened against former owner John Papadakis. The National Prosecuting Authority (NPA) declined to prosecute.
Papadakis then approached the court to clear his and his brother Viron’s names and to sue for loss of income, claiming the negative publicity harmed the business.
The court ordered Logan to pay R500 000 to Papadakis’ business as special damages for loss of income, R250 000 as general damages to the business and R250 000 to each of the owners as general damages – all with interest.
However, Logan failed to enter an appearance to defend.
A notice of bar required him to file a plea or exception within five days, failing which he would be barred from doing so. This led to the default judgment.
Logan’s application to rescind the judgment was initially set down for last month but was postponed when Erasmus fell ill.
Logan said the “court recognised this injustice and set aside the default judgment in its entirety”.
“It confirms that the process followed in granting that order was incorrect and that every person is entitled to their constitutional right to a fair hearing before such serious findings are made,” he said.
Logan added:
This is an important step forward, not just for me, but for the principle of fairness in our justice system. I will continue to speak out and to defend the truth of what happened at Hank’s Olde Irish Pub.
In their heads of argument in a separate restraining order application, Papadakis’ lawyers claimed Logan exaggerated the incident for social media attention.
“The applicant elevated a non-incident to [a] ‘racial’ incident, resulting in substantial financial and emotional distress for the respondents.
“The sole motivation behind the act was to gain social recognition and prominence on social media platforms,” they wrote.
They added:
Our nation bears profound scars from its racial history and unfounded accusations of racism, perpetrated for self-serving motives, do nothing to foster healing and reconciliation in South Africa.
Papadakis told News24 on Tuesday, after the court’s decision, that Logan had more than enough opportunities to present his case.
“He [Logan] has had four chances to submit his response court papers, and he did not. He’s clutching at straws and racking up legal costs that he has no intention of paying.
“We’ve made a decision to pursue this till the end.”