Mazibuko v Marais (87880/14) [2015] ZAGPPHC 577 (6 August 2015)

Mazibuko v Marais (87880/14) [2015] ZAGPPHC 577 (6 August 2015)

The court held that while the plaintiff pleaded the elements of defamation, the particulars of claim were vague and embarrassing regarding whether the defamatory statements referred to the plaintiff. The statements in the letter did not clearly identify the plaintiff, and there were insufficient allegations of special circumstances making the statements applicable to him. The exception was upheld, but the plaintiff was granted leave to amend the particulars of claim within twenty days. Costs were not awarded to either party due to the lack of a Rule 23(1) notice.

Citation
[2015] ZAGPPHC 577
Parties
Applicant: MZILIKAZI ENOS MAZIBUKO; Respondent: EBENEZER MARAIS
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 August 2015
Case Number
87880/14
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiff granted leave to amend particulars of claim within twenty days; each party to pay its own costs.
Judges
Tokota
Legal Topics
Defamation, Vague and Embarrassing Pleading, Cause of Action, Rule 23 Exception
Civil Procedure Delict Defamation Vague and Embarrassing Pleading Cause of Action Rule 23 Exception

Case Brief

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Parties

MZILIKAZI ENOS MAZIBUKO

Applicant

EBENEZER MARAIS

Respondent

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action for defamation.
  2. 2 Whether the alleged defamatory statements are reasonably capable of referring to the plaintiff.
  3. 3 Whether the particulars of claim are vague and embarrassing regarding reference to the plaintiff.

Ratio Decidendi

The court held that while the plaintiff pleaded the elements of defamation, the particulars of claim were vague and embarrassing regarding whether the defamatory statements referred to the plaintiff. The statements in the letter did not clearly identify the plaintiff, and there were insufficient allegations of special circumstances making the statements applicable to him. The exception was upheld, but the plaintiff was granted leave to amend the particulars of claim within twenty days. Costs were not awarded to either party due to the lack of a Rule 23(1) notice.

Court Disposition

Exception upheld; plaintiff granted leave to amend particulars of claim within twenty days; each party to pay its own costs.

Orders

  • The exception is upheld.
  • The plaintiff is afforded twenty days from the date of this order within which to amend his particulars of claim.