Hanekom v Zuma (D6316/2019) [2019] ZAKZDHC 16 (6 September 2019)

Hanekom v Zuma (D6316/2019) [2019] ZAKZDHC 16 (6 September 2019)

The court found that the respondent's tweet, in its natural and ordinary meaning and in the context of South African political history and the respondent's own evidence, implied that the applicant was an apartheid spy. The phrase 'known enemy agent' historically referred to apartheid spies, and the respondent's references to the Zondo Commission and intelligence operations reinforced this implication. The respondent failed to provide any evidence to justify the defamatory statement, and his beliefs and political context did not alter the reasonable reader's interpretation. The tweet was therefore false and defamatory, causing harm to the applicant's reputation and dignity. The applicant...

Citation
[2019] ZAKZDHC 16
Parties
Applicant: Derek Hanekom; Respondent: Jacob Gedleyihlekisa Zuma
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
6 September 2019
Case Number
D6316/2019
Procedural Posture
Urgent Application / Final Interdict and Damages Claim
Outcome
Application granted. The respondent's tweet was declared defamatory and false; respondent ordered to remove the tweet, publish an apology, interdicted from further defamatory statements, and to pay costs. Quantum of damages to be determined by oral evidence.
Judges
D Pillay
Legal Topics
Defamation, Dignity and Reputation, Freedom of Expression, Final Interdict, Quantification of Damages, Constitutional Balancing
Delict Civil Procedure Constitutional Law Defamation Dignity and Reputation Freedom of Expression Final Interdict Quantification of Damages +1 more

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Parties

Derek Hanekom

Applicant

Jacob Gedleyihlekisa Zuma

Respondent

Procedural Posture

Urgent Application / Final Interdict and Damages Claim

Legal Issues

  1. 1 Whether the respondent's tweet is defamatory of the applicant.
  2. 2 Whether the tweet implies the applicant is an apartheid spy.
  3. 3 Whether the publication of the tweet was wrongful and unlawful.

Ratio Decidendi

The court found that the respondent's tweet, in its natural and ordinary meaning and in the context of South African political history and the respondent's own evidence, implied that the applicant was an apartheid spy. The phrase 'known enemy agent' historically referred to apartheid spies, and the respondent's references to the Zondo Commission and intelligence operations reinforced this implication. The respondent failed to provide any evidence to justify the defamatory statement, and his beliefs and political context did not alter the reasonable reader's interpretation. The tweet was therefore false and defamatory, causing harm to the applicant's reputation and dignity. The applicant...

Court Disposition

Application granted. The respondent's tweet was declared defamatory and false; respondent ordered to remove the tweet, publish an apology, interdicted from further defamatory statements, and to pay costs. Quantum of damages to be determined by oral evidence.

Orders

  • It is declared that the allegations made about the applicant in the respondent's tweet are defamatory and false.
  • It is declared that the respondent's publication of the tweet was and continues to be unlawful.