Citizen 1978 (Pty) Ltd v McBride (277/08) [2010] ZASCA 5; 2010 (4) SA 148 (SCA) ; [2010] 3 All SA 46 (SCA) (26 February 2010)

Citizen 1978 (Pty) Ltd v McBride (277/08) [2010] ZASCA 5; 2010 (4) SA 148 (SCA) ; [2010] 3 All SA 46 (SCA) (26 February 2010)

The majority held that once amnesty has been granted under the Promotion of National Unity and Reconciliation Act, the person is no longer considered to have committed the offence for which amnesty was granted, and any conviction is deemed not to have taken place. Therefore, branding the respondent a murderer and criminal in respect of those acts is false and defamatory. The defence of fair comment failed because the facts on which the comment was based were not true in law after amnesty. The respondent's action succeeded in respect of the defamatory allegations that he was unsuited to be appointed Metro Police Chief, a criminal, a murderer, and morally corrupt, but not in respect of...

Citation
[2010] ZASCA 5
Parties
Appellant: Citizen 1978 (Pty) Limited; Appellant: Kevin Keogh; Appellant: Martin Williams; Appellant: Andrew Kenny; Respondent: Robert John McBride
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 February 2010
Case Number
277/08
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division
Outcome
Appeal partially upheld. Damages award adjusted. Costs order varied.
Judges
Streicher, Mthiyane, Ponnan, Mhlantla, Tshiqi
Legal Topics
Defamation, Fair Comment, Truth and Public Benefit, Promotion of National Unity and Reconciliation Act, Freedom of Expression
Delict Constitutional Law Defamation Fair Comment Truth and Public Benefit Promotion of National Unity and Reconciliation Act Freedom of Expression

Case Brief

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Parties

Citizen 1978 (Pty) Limited

Appellant

Kevin Keogh

Appellant

Martin Williams

Appellant

Andrew Kenny

Appellant

Robert John McBride

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division

Legal Issues

  1. 1 Whether the appellants' statements in editorials and articles branding the respondent a murderer and criminal, despite amnesty, were defamatory and unlawful.
  2. 2 Whether the defence of fair comment on a matter of public interest was available to the appellants.
  3. 3 Whether the grant of amnesty under the Promotion of National Unity and Reconciliation Act renders the statement that the respondent is a murderer false.

Ratio Decidendi

The majority held that once amnesty has been granted under the Promotion of National Unity and Reconciliation Act, the person is no longer considered to have committed the offence for which amnesty was granted, and any conviction is deemed not to have taken place. Therefore, branding the respondent a murderer and criminal in respect of those acts is false and defamatory. The defence of fair comment failed because the facts on which the comment was based were not true in law after amnesty. The respondent's action succeeded in respect of the defamatory allegations that he was unsuited to be appointed Metro Police Chief, a criminal, a murderer, and morally corrupt, but not in respect of...

Court Disposition

Appeal partially upheld. Damages award adjusted. Costs order varied.

Orders

  • The appeal is partially upheld.
  • The appellants are ordered, jointly and severally, to pay 75% of the respondent's costs.