Economic Freedom Fighters and Others v Manuel; In Re: Manuel v Economic Freedom Fighters and Others (13349/2019) [2019] ZAGPJHC 172 (18 June 2019)

Economic Freedom Fighters and Others v Manuel; In Re: Manuel v Economic Freedom Fighters and Others (13349/2019) [2019] ZAGPJHC 172 (18 June 2019)

The application for leave to appeal is dismissed as the grounds advanced lack reasonable prospects of success. The relief granted in the original judgment was not overbroad, as the defamatory meaning was explicit and the respondent identified the relevant portions. The requirements for interdictory relief were met, given the seriousness of the allegations and the applicants' stated intent to continue publication. The defence of truth and public interest is unavailable, as the applicants conceded the statement was false and failed to establish reasonable publication. The damages awarded are reasonable considering the gravity of the defamatory statements, the breadth of publication, the...

Citation
[2019] ZAGPJHC 172
Parties
Applicant: Economic Freedom Fighters; Applicant: Mbuyiseni Quintin Ndlozi; Applicant: Julius Sello Malema; Respondent: Trevor Andrew Manuel
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 June 2019
Case Number
13349/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Court Following a Judgment Granting Declaratory and Interdictory Relief in a Defamation Matter.
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
K E Matojane
Legal Topics
Defamation, Interdictory Relief, Damages Quantum, Reasonable Publication, Malice
Civil Procedure Delict Defamation Interdictory Relief Damages Quantum Reasonable Publication Malice

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 6 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Economic Freedom Fighters

Applicant

Mbuyiseni Quintin Ndlozi

Applicant

Julius Sello Malema

Applicant

Trevor Andrew Manuel

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Court Following a Judgment Granting Declaratory and Interdictory Relief in a Defamation Matter.

Legal Issues

  1. 1 Whether the application for leave to appeal has reasonable prospects of success.
  2. 2 Whether the relief granted in the original judgment was overbroad.
  3. 3 Whether the requirements for interdictory relief in defamation were met.

Ratio Decidendi

The application for leave to appeal is dismissed as the grounds advanced lack reasonable prospects of success. The relief granted in the original judgment was not overbroad, as the defamatory meaning was explicit and the respondent identified the relevant portions. The requirements for interdictory relief were met, given the seriousness of the allegations and the applicants' stated intent to continue publication. The defence of truth and public interest is unavailable, as the applicants conceded the statement was false and failed to establish reasonable publication. The damages awarded are reasonable considering the gravity of the defamatory statements, the breadth of publication, the...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, including the costs of two counsel.