Industrial Development Corporation and Another v Mbala and Others (2023-022235) [2023] ZAGPJHC 404 (2 May 2023)

Industrial Development Corporation and Another v Mbala and Others (2023-022235) [2023] ZAGPJHC 404 (2 May 2023)

The court found that the statements made by the first respondent in the published article and other communications were objectively defamatory and injurious to the reputation and dignity of the applicants, particularly the second applicant. The first respondent admitted his intention to use media to pressure the...

Source-derived case information.

Citation
[2023] ZAGPJHC 404
Parties
Applicant: Industrial Development Corporation; Applicant: Thuthuka Ngubane; Respondent: Zimthande Mbala; Respondent: Joburger (Proprietary) Limited; Respondent: Independent Media Group Limited; Respondent: Independent News Papers (Proprietary) Limited; Respondent: Independent Online SA (Proprietary) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
2023-022235
Procedural Posture
Urgent Application / Interim Interdict (part A) Pending Final Relief (part B)
Outcome
Interim interdict granted against the first respondent restraining further defamatory conduct and harassment; fourth and fifth respondents ordered to temporarily remove the article from publication pending final relief; costs reserved for determination in Part B.
Judges
A W Pullinger
Legal Topics
Defamation, Interim Interdict, Locus Standi, Freedom of Expression, Reputation and Dignity
Civil Procedure Commercial and Corporate Defamation Interim Interdict Locus Standi Freedom of Expression Reputation and Dignity

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Parties

Industrial Development Corporation

Applicant

Thuthuka Ngubane

Applicant

Zimthande Mbala

Respondent

Joburger (Proprietary) Limited

Respondent

Independent Media Group Limited

Respondent

Independent News Papers (Proprietary) Limited

Respondent

Independent Online SA (Proprietary) Limited

Respondent

Procedural Posture

Urgent Application / Interim Interdict (part A) Pending Final Relief (part B)

Legal Issues

  1. 1 Whether the statements made by the first respondent are defamatory and injurious to the applicants' reputation and dignity.
  2. 2 Whether the first applicant, as an organ of state and trading entity, has locus standi to claim relief for defamation.
  3. 3 Whether the requirements for an interim interdict are satisfied, including absence of alternative remedy and ongoing prejudice.

Ratio Decidendi

The court found that the statements made by the first respondent in the published article and other communications were objectively defamatory and injurious to the reputation and dignity of the applicants, particularly the second applicant. The first respondent admitted his intention to use media to pressure the applicants, but the law does not permit scandalous allegations to advance commercial interests. The requirements for an interim interdict were satisfied: ongoing harm was established, no alternative remedy was available, and the first respondent refused to provide undertakings. The court held that, pending final determination, the applicants are entitled to protection against...

Court Disposition

Interim interdict granted against the first respondent restraining further defamatory conduct and harassment; fourth and fifth respondents ordered to temporarily remove the article from publication pending final relief; costs reserved for determination in Part B.

Orders

  • Independent Newspapers (Pty) Ltd and Independent Online SA (Pty) Ltd are joined as fourth and fifth respondents.
  • Pending finalisation of Part B, the first respondent is interdicted and restrained from contacting the first applicant or its employees regarding the legal dispute, and from repeating any defamatory allegations against the applicants or their employees in any publication or broadcast.