Mafologele and Others v Mungadze and Another (2018/20052) [2018] ZAGPJHC 406 (14 June 2018)

Mafologele and Others v Mungadze and Another (2018/20052) [2018] ZAGPJHC 406 (14 June 2018)

The court found that the articles published by the first respondent were per se defamatory of the applicants, containing allegations of corruption, bribery, and improper conduct without factual basis. The respondent admitted he did not know whether the allegations were true and failed to take reasonable steps to verify their accuracy. The respondent's reliance on documents and sources did not substantiate his defences of truth, public interest, or reasonableness. The harm to the applicants' reputation and business was evident and not seriously disputed. The requirements for an interim interdict were satisfied, and the applicants were entitled to relief restraining further publication of...

Citation
[2018] ZAGPJHC 406
Parties
Applicant: Bafedile Mafologele; Applicant: Sampada Private Equity (Pty) Ltd; Applicant: Umthombo Wealth (Pty) Ltd; Respondent: Samuel Mungadze; Respondent: South African Local Authorities Pension Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 June 2018
Case Number
2018/20052
Procedural Posture
Urgent Application / Interim Interdict Application Before Final Determination of Damages Action
Outcome
Interim interdict granted in favour of the applicants; costs awarded against the first respondent.
Judges
Wepener
Legal Topics
Interim Interdict, Defamation, Financial Services Regulation, Reputation Management
Civil Procedure Commercial and Corporate Interim Interdict Defamation Financial Services Regulation Reputation Management

Case Brief

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Parties

Bafedile Mafologele

Applicant

Sampada Private Equity (Pty) Ltd

Applicant

Umthombo Wealth (Pty) Ltd

Applicant

Samuel Mungadze

Respondent

South African Local Authorities Pension Fund

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Before Final Determination of Damages Action

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict restraining the first respondent from publishing defamatory statements about them.
  2. 2 Whether the published articles by the first respondent are defamatory and cause harm to the applicants' reputation and business.
  3. 3 Whether the respondent's defences of truth, public interest, and reasonableness are substantiated.

Ratio Decidendi

The court found that the articles published by the first respondent were per se defamatory of the applicants, containing allegations of corruption, bribery, and improper conduct without factual basis. The respondent admitted he did not know whether the allegations were true and failed to take reasonable steps to verify their accuracy. The respondent's reliance on documents and sources did not substantiate his defences of truth, public interest, or reasonableness. The harm to the applicants' reputation and business was evident and not seriously disputed. The requirements for an interim interdict were satisfied, and the applicants were entitled to relief restraining further publication of...

Court Disposition

Interim interdict granted in favour of the applicants; costs awarded against the first respondent.

Orders

  • Pending the final determination of an action for damages to be instituted by the applicants within 30 days from the date of this order, the first respondent is interdicted and restrained from making, publishing, causing to be published or disseminated in any manner, on any media platform, any statements about and...
  • The costs of this application are to be paid by the first respondent.