Mabuza v Phosa (8018/2015) [2017] ZAGPPHC 139 (5 May 2017)

Mabuza v Phosa (8018/2015) [2017] ZAGPPHC 139 (5 May 2017)

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the defendant authored or participated in the creation of the Spy Report. The only witness relied upon by the plaintiff, Jan Venter, was found to be a self-confessed liar whose evidence was inconsistent, unreliable, and lacking credibility. The defendant, on the other hand, was considered a credible and impressive witness, and his version was supported by the inherent probabilities and the circumstances of the case. The court accepted that the defendant acted within the bounds of qualified privilege when forwarding the document to ANC leadership, and there was no credible...

Citation
[2017] ZAGPPHC 139
Parties
Plaintiff: David Dabede Mabuza; Defendant: Dr Mathews Phosa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2017
Case Number
8018/2015
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs on the scale as between attorney and client.
Judges
Prinsloo
Legal Topics
Defamation, Qualified Privilege, Onus of Proof, Malice, Damages, Attorney and Client Costs
Delict Defamation Qualified Privilege Onus of Proof Malice Damages Attorney and Client Costs

Case Brief

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Parties

David Dabede Mabuza

Plaintiff

Dr Mathews Phosa

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant authored or participated in the creation of the Spy Report.
  2. 2 Whether the dissemination of the Spy Report by the defendant constituted defamation of the plaintiff.
  3. 3 Whether the defence of qualified privilege applies to the defendant's conduct.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving, on a balance of probabilities, that the defendant authored or participated in the creation of the Spy Report. The only witness relied upon by the plaintiff, Jan Venter, was found to be a self-confessed liar whose evidence was inconsistent, unreliable, and lacking credibility. The defendant, on the other hand, was considered a credible and impressive witness, and his version was supported by the inherent probabilities and the circumstances of the case. The court accepted that the defendant acted within the bounds of qualified privilege when forwarding the document to ANC leadership, and there was no credible...

Court Disposition

Plaintiff's claim dismissed with costs on the scale as between attorney and client.

Orders

  • The plaintiff's claim is dismissed.
  • The plaintiff is ordered to pay the defendant's costs on the scale as between attorney and client.