Balintulo and Others v Mbana (79752/2019) [2025] ZAGPPHC 78 (31 January 2025)

Balintulo and Others v Mbana (79752/2019) [2025] ZAGPPHC 78 (31 January 2025)

The court held that the plaintiffs' particulars of claim are not excipiable. The claim is based on the words broadcasted during the interview, not on any document or material, and there is no requirement to attach the transcript. The determination of whether the statements are defamatory or refer to the plaintiffs directly and personally is a factual issue to be resolved at trial, not at the exception stage. The exception is therefore dismissed.

Citation
[2025] ZAGPPHC 78
Parties
Plaintiff: Fuzile Balintulo; Plaintiff: Buti Meshack Lesiela; Plaintiff: Hermanus Karel Breedt; Defendant: Linda Mbana
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 January 2025
Case Number
79752/2019
Procedural Posture
Exception Application / Exception to Consolidated Particulars of Claim
Outcome
Exception dismissed with costs on B scale.
Judges
E M Kubushi
Legal Topics
Exception to Pleading, Defamation, Pleading Requirements, Attachment of Documents
Civil Procedure Exception to Pleading Defamation Pleading Requirements Attachment of Documents

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Fuzile Balintulo

Plaintiff

Buti Meshack Lesiela

Plaintiff

Hermanus Karel Breedt

Plaintiff

Linda Mbana

Defendant

Procedural Posture

Exception Application / Exception to Consolidated Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' consolidated particulars of claim disclose a cause of action for defamation.
  2. 2 Whether the statements made by the defendant during the television interview refer to the plaintiffs directly and personally.
  3. 3 Whether the failure to attach the transcript of the interview renders the particulars of claim excipiable.

Ratio Decidendi

The court held that the plaintiffs' particulars of claim are not excipiable. The claim is based on the words broadcasted during the interview, not on any document or material, and there is no requirement to attach the transcript. The determination of whether the statements are defamatory or refer to the plaintiffs directly and personally is a factual issue to be resolved at trial, not at the exception stage. The exception is therefore dismissed.

Court Disposition

Exception dismissed with costs on B scale.

Orders

  • The exception is dismissed.
  • The defendant is ordered to pay the costs of the exception on B scale.