Gqubule-Mbeki and Another v Economic Freedom Fighters and Another (30143/2018) [2020] ZAGPJHC 2 (24 January 2020)

Gqubule-Mbeki and Another v Economic Freedom Fighters and Another (30143/2018) [2020] ZAGPJHC 2 (24 January 2020)

The court found that the respondents published statements that were defamatory of the applicants, branding them as collaborators with the apartheid regime without any evidence. The respondents failed to verify the allegations, did not afford the applicants an opportunity to respond, and persisted in publishing the statements despite knowing the allegations were unsubstantiated. The reasonable publication and fair comment defences were rejected, as the respondents did not meet the requirements for either: the publication was not justified, and the opinions were not based on true facts. The applicants established reputational harm, but the court found mitigating factors, including delay in...

Citation
[2020] ZAGPJHC 2
Parties
Applicant: Thandeka Gqubule-Mbeki; Applicant: Anton Harber; Respondent: Economic Freedom Fighters; Respondent: Mbuyiseni Quintin Ndlozi
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2020
Case Number
30143/2018
Procedural Posture
Civil Application / Judgment After Opposed Application
Outcome
Application granted. Respondents found liable for defamation. Damages and interdictory relief awarded.
Judges
Modiba
Legal Topics
Defamation, Reasonable Publication, Fair Comment, Quantum of Damages, Costs Award
Delict Civil Procedure Defamation Reasonable Publication Fair Comment Quantum of Damages Costs Award

Case Brief

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Parties

Thandeka Gqubule-Mbeki

Applicant

Anton Harber

Applicant

Economic Freedom Fighters

Respondent

Mbuyiseni Quintin Ndlozi

Respondent

Procedural Posture

Civil Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the statements published by the respondents are defamatory of the applicants.
  2. 2 Whether the publication of the statements was reasonable and justified in the circumstances.
  3. 3 Whether the statements constitute protected fair comment.

Ratio Decidendi

The court found that the respondents published statements that were defamatory of the applicants, branding them as collaborators with the apartheid regime without any evidence. The respondents failed to verify the allegations, did not afford the applicants an opportunity to respond, and persisted in publishing the statements despite knowing the allegations were unsubstantiated. The reasonable publication and fair comment defences were rejected, as the respondents did not meet the requirements for either: the publication was not justified, and the opinions were not based on true facts. The applicants established reputational harm, but the court found mitigating factors, including delay in...

Court Disposition

Application granted. Respondents found liable for defamation. Damages and interdictory relief awarded.

Orders

  • The application succeeds.
  • Respondents' points in limine regarding non-joinder and material disputes of fact are dismissed.