Malan and Another v Tsabalala (99/2005) [2008] ZAGPHC 346 (11 June 2008)

Malan and Another v Tsabalala (99/2005) [2008] ZAGPHC 346 (11 June 2008)

The court found that another court may reasonably reach a different conclusion from the court a quo regarding the wrongfulness of Inspector Tsabalala's conduct. The words spoken could be interpreted as threats and unjustified accusations, made without investigation, and intended to intimidate the plaintiff. The prevailing circumstances in Rustenburg and the public perception of employment agencies heightened the impact of the statements. The plaintiff's subjective feelings of humiliation and impairment of dignity were credible. The court held that another court could find that the conduct was wrongful, that the plaintiff's dignity was impaired, and that animus iniuriandi was present....

Citation
[2008] ZAGPHC 346
Parties
Plaintiff: B Malan; Defendant: Minister of Safety and Security; Defendant: B Tsabalala
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
11 June 2008
Case Number
99/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Absolution From the Instance and Costs Order
Outcome
Leave to appeal granted to the plaintiff against the whole of the judgment and costs order of the court a quo.
Judges
Rabie
Legal Topics
Actio Iniuriarum, Dignity, Animus Iniuriandi, Wrongfulness, Defamation
Delict Actio Iniuriarum Dignity Animus Iniuriandi Wrongfulness Defamation

Case Brief

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Parties

B Malan

Plaintiff

Minister of Safety and Security

Defendant

B Tsabalala

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Absolution From the Instance and Costs Order

Legal Issues

  1. 1 Whether the words uttered by the second defendant constituted wrongful conduct under actio iniuriarum.
  2. 2 Whether the plaintiff's dignity was impaired by the conduct of the second defendant.
  3. 3 Whether the second defendant acted with animus iniuriandi.

Ratio Decidendi

The court found that another court may reasonably reach a different conclusion from the court a quo regarding the wrongfulness of Inspector Tsabalala's conduct. The words spoken could be interpreted as threats and unjustified accusations, made without investigation, and intended to intimidate the plaintiff. The prevailing circumstances in Rustenburg and the public perception of employment agencies heightened the impact of the statements. The plaintiff's subjective feelings of humiliation and impairment of dignity were credible. The court held that another court could find that the conduct was wrongful, that the plaintiff's dignity was impaired, and that animus iniuriandi was present....

Court Disposition

Leave to appeal granted to the plaintiff against the whole of the judgment and costs order of the court a quo.

Orders

  • The applicant (plaintiff) is granted leave to appeal to a full court of the Transvaal Provincial Division against the whole of the judgment and order made by the court a quo.
  • The costs of the application for leave to appeal shall be costs in the appeal.