Kgothule v Dlamini and Others (380/2012) [2014] ZAFSHC 40 (27 March 2014)

Kgothule v Dlamini and Others (380/2012) [2014] ZAFSHC 40 (27 March 2014)

The court found that certain passages in the article were prima facie defamatory of the plaintiff. Applying the objective standard of the reasonable reader, the article conveyed serious allegations of corruption and suggested that the plaintiff was to be removed from office due to such allegations. The court held that the plaintiff had established a prima facie case, as the defamatory features could not be trivialized or disregarded simply because they were presented as untested allegations. Consequently, the defendants had a case to answer, and absolution from the instance was not warranted at this stage.

Citation
[2014] ZAFSHC 40
Parties
Plaintiff: Dan Andrew Mokhuwe Kgothule; Defendant: Jabulani Dlamini; Defendant: Darlington Majonga; Defendant: Free State Times (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 March 2014
Case Number
380/2012
Procedural Posture
Civil Application / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Defendants' application for absolution from the instance dismissed; costs awarded against defendants.
Judges
M H Rampai
Legal Topics
Defamation, Media Liability, Prima Facie Case, Absolution From the Instance
Delict Defamation Media Liability Prima Facie Case Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

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Parties

Dan Andrew Mokhuwe Kgothule

Plaintiff

Jabulani Dlamini

Defendant

Darlington Majonga

Defendant

Free State Times (Pty) Ltd

Defendant

Procedural Posture

Civil Application / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the newspaper article published by the defendants was per se defamatory of the plaintiff.
  2. 2 Whether the article, read as a whole, conveyed a defamatory innuendo about the plaintiff to the reasonable reader.
  3. 3 Whether the plaintiff established a prima facie case to survive absolution from the instance.

Ratio Decidendi

The court found that certain passages in the article were prima facie defamatory of the plaintiff. Applying the objective standard of the reasonable reader, the article conveyed serious allegations of corruption and suggested that the plaintiff was to be removed from office due to such allegations. The court held that the plaintiff had established a prima facie case, as the defamatory features could not be trivialized or disregarded simply because they were presented as untested allegations. Consequently, the defendants had a case to answer, and absolution from the instance was not warranted at this stage.

Court Disposition

Defendants' application for absolution from the instance dismissed; costs awarded against defendants.

Orders

  • The defendants’ application for absolution from the instance is dismissed.
  • The defendants are directed to pay the costs of the application, jointly and severally, the one paying the others to be absolved.