August v Maimane (20866/2018; 20867/2018; 20868/2023; 20869/2018) [2023] ZAWCHC 254 (13 October 2023)

August v Maimane (20866/2018; 20867/2018; 20868/2023; 20869/2018) [2023] ZAWCHC 254 (13 October 2023)

The court found that the defendant's defamatory statements were serious, widely published, and made intentionally against respected public figures. The apology and retraction were not timely or sufficiently prominent to mitigate the harm. The plaintiffs suffered reputational, financial, and personal detriment, and their efforts to restore their reputations did not fully undo the damage. The amounts tendered by the defendant were too low given the circumstances, but the plaintiffs' claims were relatively high. The court exercised its discretion to award damages that reflect the gravity of the defamation, the prominence of the defendant, and the impact on the plaintiffs, while adhering to...

Citation
[2023] ZAWCHC 254
Parties
Plaintiff: Shaun August; Plaintiff: Suzette Ann Little; Plaintiff: Gregchan Garreth Barnardo; Plaintiff: Thulani Stemele; Defendant: Mmusi Aloyisias Maimane
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
20866/2018; 20867/2018; 20868/2023; 20869/2018
Procedural Posture
Civil Trial / Judgment After Consolidated Trial on Quantum and Costs
Outcome
Damages awarded to each plaintiff in varying amounts; costs awarded on the High Court scale as between attorney and client, with specific exclusions for certain postponed hearings.
Judges
P. S. Van Zyl
Legal Topics
Defamation, Quantum of Damages, Apology and Retraction, Publication of Defamatory Statements, Attorney and Client Costs
Delict Defamation Quantum of Damages Apology and Retraction Publication of Defamatory Statements Attorney and Client Costs

Case Brief

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Parties

Shaun August

Plaintiff

Suzette Ann Little

Plaintiff

Gregchan Garreth Barnardo

Plaintiff

Thulani Stemele

Plaintiff

Mmusi Aloyisias Maimane

Defendant

Procedural Posture

Civil Trial / Judgment After Consolidated Trial on Quantum and Costs

Legal Issues

  1. 1 What is the appropriate quantum of damages for each plaintiff arising from the defendant's defamatory statements?
  2. 2 Should the apology and retraction tendered by the defendant mitigate the damages awarded?
  3. 3 What is the appropriate scale of costs to be awarded to the plaintiffs?

Ratio Decidendi

The court found that the defendant's defamatory statements were serious, widely published, and made intentionally against respected public figures. The apology and retraction were not timely or sufficiently prominent to mitigate the harm. The plaintiffs suffered reputational, financial, and personal detriment, and their efforts to restore their reputations did not fully undo the damage. The amounts tendered by the defendant were too low given the circumstances, but the plaintiffs' claims were relatively high. The court exercised its discretion to award damages that reflect the gravity of the defamation, the prominence of the defendant, and the impact on the plaintiffs, while adhering to...

Court Disposition

Damages awarded to each plaintiff in varying amounts; costs awarded on the High Court scale as between attorney and client, with specific exclusions for certain postponed hearings.

Orders

  • Under case number 20866/2018, the defendant shall pay to Shaun August damages of R100,000.00, interest at the prescribed legal rate a tempore morae, and costs of suit on the High Court scale as between attorney and client, including wasted costs from the postponement on 1 November 2022, but excluding costs from...
  • Under case number 20867/2018, the defendant shall pay to Suzette Ann Little damages of R120,000.00, interest at the prescribed legal rate a tempore morae, and costs of suit on the High Court scale as between attorney and client, including wasted costs from the postponement on 1 November 2022, but excluding costs...