TOP boxing promoter Branco Milenkovic has been awarded a record damages claim after suing Boxing SA (BSA) and its suspended CEO for defamation.
South Gauteng High Court Judge Margaret Victor yesterday ordered BSA and suspended BSA CEO Moffat Qithi to pay Mr Milenkovic R250,000 apiece for comments made by Qithi, which she found to be defamatory and "inspired by malice".
Mr Milenkovic’s attorney, David Swartz of Phillip Silver and Associates, said it was the biggest defamation award in South African legal history.
It surpasses the R200,000 initially awarded to former Ekurhuleni metro police chief Robert McBride, who now heads the Independent Police Investigative Directorate, which was cut to R50,000 on appeal to the Constitutional Court.
Judge Victor also ordered BSA — which is dependent on state funding — to pay all costs, which are estimated to be more than R2m.
Mr Milenkovic was represented by two advocates, including senior counsel Laurance Hodes.
Qithi, who was suspended as BSA CEO last year for failing to disclose he had a criminal record before applying for the R100,000-a-month job, was quoted in two newspaper articles in the middle of 2012 on female fighter Noni Tenge being stripped of her International Boxing Federation world title for inactivity.
In one story, he claimed Mr Milenkovic was to blame for her being stripped of the title, and in the other that Mr Milenkovic had breached his contract with the boxer. But Judge Victor found the promoter had done all he could to try and organise a fight before Ms Tenge was stripped, and that it was BSA which "intervened" at the SABC. The broadcaster would normally pay television rights, which are a critical source of funding for promoters to stage tournaments.
Mr Milenkovic approached Qithi detailing the problems he was experiencing, but the CEO’s reply in an e-mail — "thanks, Branco" — demonstrated his disinterest.
"In my view, this response showed a very nonchalant attitude to something that is very important," said Judge Victor, adding that his comments in the newspaper reflected that same attitude.
"His comments were inspired by malice," she said. "The plaintiff (Mr Milenkovic) was a good witness. He was consistent in what he told the court."
The judge was less impressed by Qithi’s testimony: "It was very difficult to find consistency in his version of events."
BSA acting CEO Loyiso Mtya declined to comment.
Mr Milenkovic has another court action looming against BSA, this time over the ownership of television rights. Promoters have historically owned broadcast rights, but cash-strapped BSA tried usurping these two-years ago. SABC, which is awaiting the outcome of the trial, has shown no boxing since then.
To get boxing broadcast, the SABC asked BSA and Mr Milenkovic to settle their differences, but there has been no agreement.
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