Mobile operator Cell C is "disappointed" with the judgment handed down by South Gauteng High Court judge Sharise Weiner today, allowing the anti-Cell C billboard at the WorldWear shopping centre, in Johannesburg, to remain in place
"Cell C is of the view that, on the face of it, the judgment contains fundamental errors that have wide-reaching implications. Irrespective of the specific issues in this particular matter, these errors need to be rectified and so Cell C is considering appealing the decision," says the company in a statement.
The operator accused Weiner of not addressing its primary reason for taking the matter to court, "namely the protection of the personal information and privacy of our employee, Riaan van Rooyen".
Last week, irate Cell C customer and businessman George Prokas erected a scathing banner outside the Fairland shopping centre, along Beyers Naude Drive. The banner read "Cell C - the most useless service provider in SA", followed by the name and cellphone number of the company's Sandton City franchise manager.
Cell C claims that as a result of the banner being erected, Van Rooyen has been "harassed and verbally abused".
"With the increased focus and awareness of the protection of personal information, it is surprising that the publication of Riaan's personal information was not addressed in the judgment," says the company.
The operator alleges the judgment also has far-reaching consequences for any business in South Africa. "From the large business to the corner shop, businesses now face the risk of having their reputations tarnished by an individual who can make defamatory statements, as long as this is expressed as an opinion of personal experience with only cursory and, in our view, selectively chosen factual foundations."
The judgment, Cell C adds, also suggests businesses should urgently apply to court for an interdict as soon as somebody merely threatens them with the publication of unfounded defamatory statements.
Furthermore, the operator claims that reports about Prokas' allegations he was billed for somebody else's use of his cellphone are incorrect. "The underlying fact is that Mr Prokas owes Cell C for services rendered and these will be pursued in a separate legal process. Despite Mr Prokas' negative comments on his banner, he continues to use our services."
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