Malema v Rampedi and Others (25571/2011) [2011] ZAGPJHC 76; 2011 (5) SA 631 (GSJ) (23 July 2011)

Malema v Rampedi and Others (25571/2011) [2011] ZAGPJHC 76; 2011 (5) SA 631 (GSJ) (23 July 2011)

The court found that the applicant, as a public figure, had been given sufficient detail of the allegations and an opportunity to respond. The respondents had established a reasonable basis for publication, relying on a source whose reliability was supported by corroborated facts. The legal test for restraining publication requires that the publication be unreasonable or unlawful, and that the applicant's rights to dignity and reputation outweigh the public interest in disclosure. In this case, the allegations were topical and relevant to public discourse about the applicant's lifestyle and income. The court held that the respondents' proposed publication met the test of reasonableness...

Citation
[2011] ZAGPJHC 76
Parties
Applicant: Julius Sello Malema; Respondent: Piet Rampedi and Four Others
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2011
Case Number
25571/2011
Procedural Posture
Urgent Application / Application for Interdict and Restraint of Publication; Counter Application for Disclosure Postponed
Outcome
Application dismissed with costs; counter-application postponed sine die with leave to supplement affidavits and amend notice of motion.
Judges
Lamont
Legal Topics
Interdict, Defamation, Freedom of Expression, Public Interest, Prima Facie Defamatory, Balancing of Rights
Civil Procedure Constitutional Law Interdict Defamation Freedom of Expression Public Interest Prima Facie Defamatory Balancing of Rights

Case Brief

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Parties

Julius Sello Malema

Applicant

Piet Rampedi and Four Others

Respondent

Procedural Posture

Urgent Application / Application for Interdict and Restraint of Publication; Counter Application for Disclosure Postponed

Legal Issues

  1. 1 Whether the applicant is entitled to an interdict restraining the respondents from publishing certain allegations about him.
  2. 2 Whether the respondents' proposed publication is prima facie defamatory and unlawful.
  3. 3 Whether the applicant, as a public figure, is entitled to protection from publication of information relating to his private life.

Ratio Decidendi

The court found that the applicant, as a public figure, had been given sufficient detail of the allegations and an opportunity to respond. The respondents had established a reasonable basis for publication, relying on a source whose reliability was supported by corroborated facts. The legal test for restraining publication requires that the publication be unreasonable or unlawful, and that the applicant's rights to dignity and reputation outweigh the public interest in disclosure. In this case, the allegations were topical and relevant to public discourse about the applicant's lifestyle and income. The court held that the respondents' proposed publication met the test of reasonableness...

Court Disposition

Application dismissed with costs; counter-application postponed sine die with leave to supplement affidavits and amend notice of motion.

Orders

  • The application brought by the applicant, Mr Malema, against the respondents is dismissed with costs.
  • The counter-application brought by the respondents is postponed sine die.