Argus Printing and Publishing Company Ltd. and Others v Esselen Estate (447/92) [1993] ZASCA 205; 1994 (2) SA 1 (AD); [1994] 2 All SA 160 (A) (7 December 1993)

Argus Printing and Publishing Company Ltd. and Others v Esselen Estate (447/92) [1993] ZASCA 205; 1994 (2) SA 1 (AD); [1994] 2 All SA 160 (A) (7 December 1993)

The Supreme Court of Appeal held that the article published in the Star newspaper was reasonably capable of conveying a defamatory meaning about the presiding judge in the Witbank Tree Murder case, imputing racial bias and improper motives in convicting and sentencing. The court rejected the appellants' argument that public policy precludes judges from suing for defamation arising from criticism of judgments delivered in their official capacity. The court affirmed the principle that every person, including judges, has a primordial right to protect their reputation against unlawful attacks, and that freedom of expression does not justify defamatory statements. The existence of alternative...

Citation
[1993] ZASCA 205
Parties
Appellant: The Argus Printing and Publishing Company Limited; Appellant: Harvey Tyson; Appellant: Brian Currin; Respondent: Estate Louis Leipoldt Esselen
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
7 December 1993
Case Number
447/92
Procedural Posture
Civil Appeal / Appeal From Dismissal of Exception to Particulars of Claim
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Corbett, Botha, Nestadt, Goldstone, Howie
Legal Topics
Defamation, Judicial Immunity, Public Policy, Fair Comment
Delict Civil Procedure Defamation Judicial Immunity Public Policy Fair Comment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Argus Printing and Publishing Company Limited

Appellant

Harvey Tyson

Appellant

Brian Currin

Appellant

Estate Louis Leipoldt Esselen

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Exception to Particulars of Claim

Legal Issues

  1. 1 Whether criticism of a judge's conduct in his official capacity can found a claim for defamation.
  2. 2 Whether public policy precludes a judge from suing for defamation arising from criticism of judgments delivered in judicial proceedings.
  3. 3 Whether the article published was reasonably capable of conveying a defamatory meaning about the presiding judge.

Ratio Decidendi

The Supreme Court of Appeal held that the article published in the Star newspaper was reasonably capable of conveying a defamatory meaning about the presiding judge in the Witbank Tree Murder case, imputing racial bias and improper motives in convicting and sentencing. The court rejected the appellants' argument that public policy precludes judges from suing for defamation arising from criticism of judgments delivered in their official capacity. The court affirmed the principle that every person, including judges, has a primordial right to protect their reputation against unlawful attacks, and that freedom of expression does not justify defamatory statements. The existence of alternative...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.