Banner barney gathering pace

COURT SPAT: BUSINESSMAN ACCUSED OF DEFAMATION

Businessman ‘simply exercising his consumer rights’.

The fight over the spoof Cell C banner yesterday came before the South Gauteng High Court, where the mobile operator is accusing businessman George Prokas of defamation.

Lawyer Christopher Whittcutt brought the matter to court on behalf of Cell C, but Prokas’ attorney, Shem Symon, insists the banner erected on a public road was an expression of freedom of speech.

Last Thursday Prokas erected the spoof banner – complete with Cell C logos – at the World Wear Mall along Beyers Naude Drive in Johannesburg.

The banner read: “Cell C, the most useless service provider.”

Symon told the court his client was infuriated with “bad service”.

He said the problem started after the mobile provider erroneously informed Prokas he was in arrears of R5 000.

Even though this anomaly was brought to Cell C’s attention, Prokas was listed on the ITC as a bad debt payer.

“The listing infuriated my client and he paid R61 000 for the banner to express his grievance with the poor service allegedly meted out to him,” Symon said.

Symon told the court his client sent Cell C an e-mail with an attachment depicting the banner.

He warned them he would erect it, which he eventually did a week later. Cell C had allegedly ignored Prokas’ threat.

The mobile provider wanted to know why Prokas claimed it was “useless” as such a claim was damaging to its brand.

Whittcutt said: “My lady, the banner was put up on Thursday evening; it was there the entire weekend at the watch of the hectic traffic. We are living in a world of social media; this could kill my client’s (Cell C’s) business.”

However, Symon insisted his client was simply exercising his consumer rights.

“My client has freedom of speech and whether Cell C says the banner is defamatory, it has nothing to do with us; it is what they want to see,” said Snyman.

Symon’s associate attorney, Raymond Druker, said Prokas had suffered poor service from the mobile provider since early 2013.

“Cell C was aware of his grievances; so now that he put feedback in public they want the banner off the streets with immediate effect? It’s shocking.”