Lephoi v Ramakarane (4474/2020) [2023] ZAFSHC 222 (7 June 2023)

Lephoi v Ramakarane (4474/2020) [2023] ZAFSHC 222 (7 June 2023)

The court found that the applicant established a reasonable prospect of success on appeal based on her arguments and the context provided by the prior Mathebula-judgment, which had found the respondent's conduct unlawful and irregular. The applicant's use of the term 'corrupt' was arguably supported by the findings of the earlier judgment, and the trial court may have erred in not fully considering the context and meaning of the statements. The grounds advanced by the applicant warranted reconsideration by an appellate court, and leave to appeal was therefore granted.

Citation
[2023] ZAFSHC 222
Parties
Applicant: Selloane Lephoi; Respondent: Tsepiso Ramakarane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 June 2023
Case Number
4474/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Trial Judgment
Outcome
Leave to appeal granted to the Full Bench of the Free State High Court, Bloemfontein against the whole of the order and judgment granted on 21 April 2023.
Judges
Opperman
Legal Topics
Defamation, Leave to Appeal, Damages Award, Public Interest Defence
Civil Procedure Delict Defamation Leave to Appeal Damages Award Public Interest Defence

Case Brief

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Parties

Selloane Lephoi

Applicant

Tsepiso Ramakarane

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Trial Judgment

Legal Issues

  1. 1 Whether the applicant's statements regarding the respondent were defamatory or protected as true and in the public interest.
  2. 2 Whether the trial court erred in awarding damages of R350,000 to the respondent.
  3. 3 Whether the context and meaning of the term 'corrupt' as used by the applicant was properly considered.

Ratio Decidendi

The court found that the applicant established a reasonable prospect of success on appeal based on her arguments and the context provided by the prior Mathebula-judgment, which had found the respondent's conduct unlawful and irregular. The applicant's use of the term 'corrupt' was arguably supported by the findings of the earlier judgment, and the trial court may have erred in not fully considering the context and meaning of the statements. The grounds advanced by the applicant warranted reconsideration by an appellate court, and leave to appeal was therefore granted.

Court Disposition

Leave to appeal granted to the Full Bench of the Free State High Court, Bloemfontein against the whole of the order and judgment granted on 21 April 2023.

Orders

  • The applicant is granted leave to appeal to the Full Bench of the Free State High Court, Bloemfontein against the whole of the order and judgment granted on 21 April 2023.
  • Costs to be costs in the appeal.