Dikoko v Mokhatla (CCT62/05) [2006] ZACC 10; 2006 (6) SA 235 (CC); 2007 (1) BCLR 1 (CC) (3 August 2006)

Dikoko v Mokhatla (CCT62/05) [2006] ZACC 10; 2006 (6) SA 235 (CC); 2007 (1) BCLR 1 (CC) (3 August 2006)

The Constitutional Court held that the privilege from civil liability for municipal councillors under section 28 of the Municipal Structures Act and section 3 of the North West Municipal Structures Act does not extend to statements made outside council or its committees. The applicant's statement before the Standing Committee was not made in the course of the legitimate business of the Council but related to his personal finances. Privilege under section 117 of the Constitution and the North West Privileges Act is limited to members of the provincial legislature and does not extend to non-members appearing as witnesses. The appeal against the High Court's finding of liability for...

Citation
[2006] ZACC 10
Parties
Applicant: David Dikoko; Respondent: Thupi Zacharia Mokhatla
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
3 August 2006
Case Number
CCT62/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Appeal on Merits and Quantum
Outcome
Application for leave to appeal granted; appeal dismissed; applicant ordered to pay respondent's costs, including costs of two counsel.
Judges
Mokgoro, Moseneke, Langa, Madala, Ngcobo, Nkabinde, O'Regan, Sachs, Skweyiya, Van der Westhuizen, Yacoob
Legal Topics
Defamation, Privilege of Municipal Councillors, Freedom of Expression, Human Dignity, Quantum of Damages, Ubuntu and Restorative Justice
Delict Constitutional Law Defamation Privilege of Municipal Councillors Freedom of Expression Human Dignity Quantum of Damages Ubuntu and Restorative Justice

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 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Dikoko

Applicant

Thupi Zacharia Mokhatla

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Appeal on Merits and Quantum

Legal Issues

  1. 1 Does the immunity from civil liability for municipal councillors extend to statements made outside council or its committees?
  2. 2 Is the privilege under section 117 of the Constitution and related provincial legislation available to non-members appearing before a provincial legislature committee?
  3. 3 Was the High Court correct in its assessment of quantum of damages for defamation in light of constitutional values and mitigating factors?

Ratio Decidendi

The Constitutional Court held that the privilege from civil liability for municipal councillors under section 28 of the Municipal Structures Act and section 3 of the North West Municipal Structures Act does not extend to statements made outside council or its committees. The applicant's statement before the Standing Committee was not made in the course of the legitimate business of the Council but related to his personal finances. Privilege under section 117 of the Constitution and the North West Privileges Act is limited to members of the provincial legislature and does not extend to non-members appearing as witnesses. The appeal against the High Court's finding of liability for...

Court Disposition

Application for leave to appeal granted; appeal dismissed; applicant ordered to pay respondent's costs, including costs of two counsel.

Orders

  • The application for leave to appeal is granted.
  • The appeal is dismissed.