President Jacob Zuma has withdrawn his R5-million lawsuit against the Sunday Times and cartoonist Jonathan Shapiro "to promote free speech".
Presidential spokesman Mac Maharaj said yesterday that Zuma was wary of setting a legal precedent that might have the "effect of limiting the public exercise of free speech" and have "unforeseen consequences" for "our media, public commentators and citizens".
Zuma sued the Sunday Times, its former editor, Mondli Makhanya, and Shapiro, better known as Zapiro, in December 2008 following the publication of a cartoon that showed him about to rape Lady Justice while his allies pinned her down.
He initially demanded R4-million for damage to his reputation and R1-million for injury to his dignity. He later withdrew the latter claim and reduced the other to R100000 - while adding a demand for an apology.
On Saturday he dropped the damages claim and agreed to pay 50% of the Sunday Times's legal costs.
"This representation was hurtful and defamatory, as the respondents themselves have admitted in papers submitted to the Johannesburg High Court. This candid admission, whilst sought to be justified on other grounds, at least reflects an appreciation of the hurt and harm that such [a] depiction brought about," said Maharaj.
"Moreover, in depicting President Zuma as a would-be rapist, the cartoon sought to play to discredited, legally disproved accusations made against him in 2006.
"The newspaper and the cartoonist wanted to perpetuate an image of the president as a sexual deviant, despite a court of law rejecting the allegations against him and clearing his name."
The four-year legal battle was scheduled for a showdown today but Zuma withdrew his claim and undertook to pay half the newspaper's legal costs. The Sunday Times welcomed the decision.
But lawyer Dario Milo, representing the newspaper, said the president still had two lawsuits pending against Zapiro.
"President Zuma did the right thing in withdrawing the case. This bodes very well for media freedom. It is to be hoped that he swiftly withdraws his other 12 cases against the media," said Milo.
Maharaj said Zuma had decided that matters relating to the dignity of public figures cannot be mediated "exclusively" through the courts.
"President Zuma wishes to see an end to prejudice, insults and personal attacks in public debates and commentary and the restoration of respect, ubuntu and common decency," said Maharaj.