Mayula Procurement and Property Management (Pty) Ltd and Another v Kopane and Another (A221/2019) [2020] ZAFSHC 133 (17 August 2020)

Mayula Procurement and Property Management (Pty) Ltd and Another v Kopane and Another (A221/2019) [2020] ZAFSHC 133 (17 August 2020)

The majority held that the appellants failed to establish a clear right to the interdict sought. The court found that the statement, when read in context, was not presented as incontrovertible fact but as information to be referred for investigation by the Zondo Commission. The respondents laid a sustainable factual foundation for their defences of truth, public interest, and fair comment, relying on objective facts about the lease agreement and renovations. The court emphasized that robust political speech is protected, especially during election periods, and that public figures and entities doing business with government are subject to scrutiny. The requirements for a final interdict...

Citation
[2020] ZAFSHC 133
Parties
Appellant: Mayula Procurement and Property Management (Pty) Ltd; Appellant: Hantsi Bhetilda Matseke; Respondent: Semakaleng Patricia Kopane; Respondent: Democratic Alliance (DA)
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
17 August 2020
Case Number
A221/2019
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Interdict in the Court a Quo
Outcome
Appeal dismissed with costs.
Judges
Daffue, Jordaan, Mbhele
Legal Topics
Defamation, Interdict, Freedom of Expression, Human Dignity, Fair Comment, Political Speech
Constitutional Law Delict Civil Procedure Defamation Interdict Freedom of Expression Human Dignity Fair Comment +1 more

Case Brief

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Parties

Mayula Procurement and Property Management (Pty) Ltd

Appellant

Hantsi Bhetilda Matseke

Appellant

Semakaleng Patricia Kopane

Respondent

Democratic Alliance (DA)

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Interdict in the Court a Quo

Legal Issues

  1. 1 Whether the media statement published by the respondents was defamatory of the appellants.
  2. 2 Whether the appellants established a clear right to an interdict restraining publication of the alleged defamatory statement.
  3. 3 Whether the respondents succeeded in raising valid defences to rebut wrongfulness, including truth, public interest, and fair comment.

Ratio Decidendi

The majority held that the appellants failed to establish a clear right to the interdict sought. The court found that the statement, when read in context, was not presented as incontrovertible fact but as information to be referred for investigation by the Zondo Commission. The respondents laid a sustainable factual foundation for their defences of truth, public interest, and fair comment, relying on objective facts about the lease agreement and renovations. The court emphasized that robust political speech is protected, especially during election periods, and that public figures and entities doing business with government are subject to scrutiny. The requirements for a final interdict...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.