Complex living can at times be trying, as two residents discovered after one called the other “a racist” on a WhatsApp group.
The residents had been ratting on some residents who did not adhere to the harsh lockdown rules in 2020 by taking a walk around the complex in a bid to exercise.
A somewhat heated exchange followed on the social media group of Ambiance Estate in Fourways, Johannesburg north.
Subsequently, the resident labelled a racist instituted a R500 000 defamation claim against the other.
Hellen Phaleng-Podile, a board member of the trustees of the complex, turned to the Johannesburg High Court after she claimed that Noranne Dovey, in a WhatsApp message, called her a racist.
Phaleng-Podile said she was a professional woman of high standing and being labelled a racist was not only insulting, but injured her reputation.
The trouble started when Phaleng-Podile, shortly after the government declared the lockdown in March 2020, posted a message on the group in which she alerted residents that two people were not adhering to the lockdown rules by walking around in the complex.
She called on residents to adhere to the rules, in light of the seriousness of Covid-19.
This prompted Dovey to reply that Phaleng-Podile should find something better to do other than to monitor people out of her window.
A further discussion on the communal group followed, with the messages becoming more intense. It ended up in Dovey accusing Phaleng-Podile of being a racist for questioning her intellect.
Other residents also joined the online engagements and reprimanded Dovey for the tone she took in her messages.
Phaleng-Podile was so upset at being called a racist that she not only instituted a damages claim against Dovey, but also laid a criminal charge.
Nothing came of the second charge.
Phaleng-Podile said Dovey didn’t only tarnish her reputation as a mother, spouse and professional person who was held in high esteem, but also harmed her reputation among the other residents who saw the message.
She said the accusation made her feel humiliated and belittled.
Apart from R500 000 in damages, she also wanted an apology from Dovey, as well as an interdict to prevent her from again making such statements in future.
Dovey admitted she called Phaleng-Podile a racist, but said she had questioned her intellect.
She, however, offered an apology for her conduct.
Acting Judge C Todd accepted the statement made by Dovey was meant to upset Phaleng-Podile. But, he said, the context in which this statement was made did not, in his view, lower the esteem of Phaleng-Podile in the eyes of the other residents.
He said any right thinking person – given the context – would have realised that Dovey was not justified in making this statement.
The judge pointed out that some harsh words were said on both sides during the heated exchange.
Judge Todd said Phaleng-Podile may have been more successful if she claimed damages on the basis that she was insulted by Dovey’s words, but then he would have only awarded a nominal amount of damages if she had succeeded.
The judge also declined to interdict Dovey from uttering such words again in future, as he said the words were spoken and nothing could be done about that. And there was no evidence that it was likely that Dovey will again utter these words in future.
Pretoria News