Defensor Electronic Security Systems (PTY) Ltd and Others v Africa Community Media (PTY) Ltd and Another (2219/2022) [2022] ZAFSHC 233 (20 September 2022)

Defensor Electronic Security Systems (PTY) Ltd and Others v Africa Community Media (PTY) Ltd and Another (2219/2022) [2022] ZAFSHC 233 (20 September 2022)

The court found that the articles published by the first respondent were not defamatory as they accurately reported that the second applicant was facing allegations, not convictions, and the information regarding the R14-million was supported by evidence from pension fund administrators. The applicants failed to refute the allegations or provide an alternative version. The requirements for a final interdict were not met, as the applicants did not demonstrate a clear right, irreparable harm, or absence of an alternative remedy. The relief sought was moot since the articles had already been removed from all media platforms pursuant to a previous court order. The application, insofar as it...

Citation
[2022] ZAFSHC 233
Parties
Applicant: Defensor Electronic Security Systems (PTY) Ltd; Applicant: Gert Renier van Rooyen; Applicant: Claudius Gerald Peterson; Respondent: Africa Community Media (PTY) Ltd; Respondent: Minister of Police N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2022
Case Number
2219/2022
Procedural Posture
Urgent Application / Return Date for Confirmation of Rule Nisi; Application for Permanent Interdict
Outcome
Application dismissed with costs.
Judges
Mathebula
Legal Topics
Defamation, Interdict, Media Law, Alternative Remedy, Press Code of Ethics
Civil Procedure Commercial and Corporate Defamation Interdict Media Law Alternative Remedy Press Code of Ethics

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Parties

Defensor Electronic Security Systems (PTY) Ltd

Applicant

Gert Renier van Rooyen

Applicant

Claudius Gerald Peterson

Applicant

Africa Community Media (PTY) Ltd

Respondent

Minister of Police N.O.

Respondent

Procedural Posture

Urgent Application / Return Date for Confirmation of Rule Nisi; Application for Permanent Interdict

Legal Issues

  1. 1 Whether the published articles were defamatory towards the applicants.
  2. 2 Whether the applicants are entitled to a permanent interdict against the respondents.
  3. 3 Whether the applicants have an alternative remedy under section 36B(6)(d) of the Criminal Procedure Act.

Ratio Decidendi

The court found that the articles published by the first respondent were not defamatory as they accurately reported that the second applicant was facing allegations, not convictions, and the information regarding the R14-million was supported by evidence from pension fund administrators. The applicants failed to refute the allegations or provide an alternative version. The requirements for a final interdict were not met, as the applicants did not demonstrate a clear right, irreparable harm, or absence of an alternative remedy. The relief sought was moot since the articles had already been removed from all media platforms pursuant to a previous court order. The application, insofar as it...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the two respondents, jointly and severally, the one paying the others to be absolved.