Mr Gay World organisers ruled offside
Former Mr Gay World, Louw Breytenbach, who quit two months into his reign in 2021, can finally close a trying chapter in his life after the Pretoria high court dismissed a defamation lawsuit brought against him by the pageant organisers.
Gay World Events, the Gay World Foundation and its co-founders John-Louis O’Neil and Johann Dion van Niekerk slapped Breytenbach with the lawsuit in 2022 after he alleged a lack of transparency by the organisers.
They also sued Breytenbach’s publicist, editor of InBound SA magazine Gavin Prins.
The foundation wanted the court to order Breytenbach to retract statements he made to the media regarding his short tenure as a Mr Gay World winner, make a public apology and pay damages, which were to be determined.
The LGBTQIA+ activist resigned in December 2021 saying he was unhappy about a lack of transparency on how the organisers conducted business and refused to sign a contract, adding he had issues relating to remuneration.
Breytenbach alleged the organisers would not divulge how Gay World Foundation’s funds were managed.
According to court papers, following his resignation, Breytenbach claimed during a 702 podcast that: “They basically own your life But whereas Miss SA at least gets a car or a house or whatever, I have not gotten so much as a facial cream from this company.”
The organisers said at the time these and other allegations were false and defamatory.
Acting high court judge Mervyn Rip dismissed the matter, not on its merits, but because of technical concerns about the manner in which the matter was brought before the court. Rip said in his judgment this prevented him from making a judgment on the issues at hand.
He also awarded costs against the organisers.
“The procedure that was adopted by the applicants in bringing this matter on application appears to be fatally defective.
“In saying this I have not determined the merits of the claim for defamation as such,” said Rip.
Breytenbach and Prins said this week they were able to oppose the costly lawsuit because of pro bono representation by advocate Quintin Steyn and Warren-Tangney Attorneys.
“The dismissal provides closure to a hard chapter we had to endure because we were brave enough to stand up for what was right.
“I have maintained from the start that silence in adversity is complicity. If anything, it is now more important than ever before,” said Breytenbach.
“I am thankful for the support we have received and I am delighted that we were able to continue our charity work with projects like Future Steps & Outreach Unlimited’s Gate of Hope, which has since my reign provided more than 2,500 pairs of shoes and stationery to children in need, along with free mental health care to members of our community,” he said.
Prins, who was appointed as Breytenbach’s publicist after he quit as Mr Gay World, said he stood by his actions. “As a publicist, my job is to get the right message across using the best platforms on behalf of my clients.
“I find it sad and disheartening that the organisers would use their platform to fight with fellow LGBTQIA+ members instead of building us in a world where we are still marginalised.
“I welcome the dismissal and look forward to putting this matter to rest. I will continue my journey to fight for my fellow members of the LGBTQIA+ community to ensure their voices are heard,” Prins said. Gay World Foundation and Gay World Events confirmed the dismissal of the defamation suit against the two men.
“Following Breytenbach’s resignation as Mr Gay World in October 2021, Breytenbach made several false and defamatory statements according to the organisations and its directors across various media platforms, as set out in its court papers,” said O’Neil. He said the court dismissed the matter on “procedural grounds, refraining from ruling on the substantive merits of the defamation application”.
“Reference was however made in the judgment that while the statements made by Breytenbach do appear to be prima facie defamatory of the applicants, the judge did not finally determine this issue.
“Gay World Foundation and Gay World Events maintains that the disputed statements made by Breytenbach and Prins were false and defamatory, and it’s evident that the court did not find otherwise,” said O’Neil.
He said they were reviewing the judgment with their legal team to “deliberate on any potential further action, including a separate action for damages”.