Johnson v Beckett and Another (104/90) [1991] ZASCA 175; 1992 (1) SA 762 (AD); [1992] 1 All SA 383 (A) (28 November 1991)

Johnson v Beckett and Another (104/90) [1991] ZASCA 175; 1992 (1) SA 762 (AD); [1992] 1 All SA 383 (A) (28 November 1991)

The court held that, read in context, the words 'increasingly depraved Johnny Johnson' referred to the appellant's journalistic writings, not his personal character. The statement, though prima facie defamatory as it impairs professional reputation, was found to be comment rather than fact. The factual substratum for the comment—the appellant's 'Height Street Diary' columns—was sufficiently indicated and accessible to the relevant readership. The defence of fair comment was upheld, as the comment related to a matter of public interest, was based on facts that were public knowledge, and was objectively fair in the sense that a reasonable person could honestly hold such an opinion, even if...

Citation
[1991] ZASCA 175
Parties
Appellant: Meyer Albert Johnson; Respondent: Denis Beckett; Respondent: Saga Press (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 1991
Case Number
104/90
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division; Trial Court Dismissed Defamation Claim, Leave to Appeal Granted
Outcome
Appeal dismissed with costs.
Judges
Corbett, Hefer, Van den Heever, Krieger, Harms
Legal Topics
Defamation, Fair Comment, Journalistic Reputation, Public Interest, Satire, Literary Criticism
Delict Civil Procedure Defamation Fair Comment Journalistic Reputation Public Interest Satire Literary Criticism

Case Brief

Summary, issues, holding and outcome

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Parties

Meyer Albert Johnson

Appellant

Denis Beckett

Respondent

Saga Press (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division; Trial Court Dismissed Defamation Claim, Leave to Appeal Granted

Legal Issues

  1. 1 Whether the words 'increasingly depraved Johnny Johnson' in the context of the article are defamatory of the appellant.
  2. 2 Whether the defence of fair comment is available to the respondents in respect of the statement complained of.
  3. 3 Whether the facts upon which the comment is based need to be stated or incorporated by reference in the article.

Ratio Decidendi

The court held that, read in context, the words 'increasingly depraved Johnny Johnson' referred to the appellant's journalistic writings, not his personal character. The statement, though prima facie defamatory as it impairs professional reputation, was found to be comment rather than fact. The factual substratum for the comment—the appellant's 'Height Street Diary' columns—was sufficiently indicated and accessible to the relevant readership. The defence of fair comment was upheld, as the comment related to a matter of public interest, was based on facts that were public knowledge, and was objectively fair in the sense that a reasonable person could honestly hold such an opinion, even if...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.