KS v AM and Another (2021/28121) [2024] ZAGPJHC 1187; 2025 (4) SA 626 (GJ) (12 November 2024)

KS v AM and Another (2021/28121) [2024] ZAGPJHC 1187; 2025 (4) SA 626 (GJ) (12 November 2024)

The court found that the defendants' conduct in creating and operating a fake Facebook profile, publishing non-consensual intimate images and defamatory statements, and communicating these to the plaintiff's family, friends, and colleagues constituted a grave invasion of privacy, defamation, and aggravated infringement of dignity. The evidence, including the plaintiff's testimony and psychologist's report, established severe emotional trauma, reputational harm, and financial loss. The court accepted that the damages claimed were reasonable and supported by the evidence, noting the seriousness of the infringement and the statutory protections afforded to victims. The court awarded general...

Citation
[2024] ZAGPJHC 1187
Parties
Plaintiff: KS; Defendant: AM; Defendant: SHM
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 November 2024
Case Number
2021/28121
Procedural Posture
Default Judgment Application / Application for Default Judgment After Defendants' Defences Struck Out
Outcome
Default judgment granted in favour of the plaintiff. Defendants ordered to pay general and special damages, and costs on attorney-client scale.
Judges
S C Mia
Legal Topics
Defamation, Invasion of Privacy, Non Consensual Intimate Image Disclosure, General and Special Damages, Cybercrimes Act, Domestic Violence
Civil Procedure Delict Family and Children Defamation Invasion of Privacy Non Consensual Intimate Image Disclosure General and Special Damages Cybercrimes Act +1 more

Case Brief

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Parties

KS

Plaintiff

AM

Defendant

SHM

Defendant

Procedural Posture

Default Judgment Application / Application for Default Judgment After Defendants' Defences Struck Out

Legal Issues

  1. 1 Whether the creation and operation of a fake social media profile and publication of intimate images without consent constitutes an actionable invasion of privacy and defamation.
  2. 2 Whether the plaintiff is entitled to general and special damages for emotional trauma, reputational harm, and medical expenses resulting from the defendants' conduct.
  3. 3 Whether the conduct of the defendants amounts to aggravated infringement of the plaintiff's dignity, privacy, and reputation under South African law.

Ratio Decidendi

The court found that the defendants' conduct in creating and operating a fake Facebook profile, publishing non-consensual intimate images and defamatory statements, and communicating these to the plaintiff's family, friends, and colleagues constituted a grave invasion of privacy, defamation, and aggravated infringement of dignity. The evidence, including the plaintiff's testimony and psychologist's report, established severe emotional trauma, reputational harm, and financial loss. The court accepted that the damages claimed were reasonable and supported by the evidence, noting the seriousness of the infringement and the statutory protections afforded to victims. The court awarded general...

Court Disposition

Default judgment granted in favour of the plaintiff. Defendants ordered to pay general and special damages, and costs on attorney-client scale.

Orders

  • The application for default judgment is granted.
  • The Defendants shall, jointly and severally, within 60 days of service of this order, pay the Plaintiff R3,550,000, made up as follows: R250,000 in general damages for Claim A; R2,500,000 in general damages and R300,000 in special damages for Claim B, plus interest at the prescribed rate from the date on which each...