Media t/a Daily Sun and Others v Sithole (38734/2020) [2022] ZAGPPHC 99 (18 February 2022)

Media t/a Daily Sun and Others v Sithole (38734/2020) [2022] ZAGPPHC 99 (18 February 2022)

The court found that the plaintiff's particulars of claim were defective in respect of causes of complaint 1 to 4. Specifically, the plaintiff failed to plead sufficient facts and circumstances to justify reliance on innuendo and secondary meanings in the alleged defamatory statements, did not adequately identify herself in the context of the publication, and included subjective interpretations irrelevant to the objective test for defamation. The court held that these defects rendered the particulars of claim non-compliant with Rule 18(4) and susceptible to being vague and embarrassing under Rule 23. However, the court dismissed causes of complaint 5, 6, and 7, finding that the absence of...

Citation
[2022] ZAGPPHC 99
Parties
Applicant: Media 24 t/a Daily Sun; Applicant: Mapula Nkosi; Applicant: Zamokuhle Mdluli; Applicant: Caxton & CTP Publishers & Printers Ltd; Respondent: Precious Sithole
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 February 2022
Case Number
38734/2020
Procedural Posture
Civil Application / Interlocutory Application to Set Aside or Amend Particulars of Claim
Outcome
Application partially upheld. Causes of complaint 1, 2, 3, and 4 are upheld with costs; causes 5, 6, and 7 are dismissed with costs. Plaintiff ordered to amend particulars of claim within fifteen days, failing which applicants may seek dismissal of the claim.
Judges
Khashane La M. Manamela
Legal Topics
Defamation, Pleadings Particularity, Vague and Embarrassing, Exception Procedure, Rule 18 Uniform Rules, Rule 23 Uniform Rules
Civil Procedure Delict Defamation Pleadings Particularity Vague and Embarrassing Exception Procedure Rule 18 Uniform Rules Rule 23 Uniform Rules

Case Brief

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Parties

Media 24 t/a Daily Sun

Applicant

Mapula Nkosi

Applicant

Zamokuhle Mdluli

Applicant

Caxton & CTP Publishers & Printers Ltd

Applicant

Precious Sithole

Respondent

Procedural Posture

Civil Application / Interlocutory Application to Set Aside or Amend Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim in a defamation action comply with Rule 18(4) of the Uniform Rules by containing sufficient particularity to enable the defendants to reply.
  2. 2 Whether the particulars of claim are vague and embarrassing or fail to disclose a cause of action under Rule 23.
  3. 3 Whether the application under Rule 30 to set aside particulars of claim is the appropriate procedure for the complaints raised.

Ratio Decidendi

The court found that the plaintiff's particulars of claim were defective in respect of causes of complaint 1 to 4. Specifically, the plaintiff failed to plead sufficient facts and circumstances to justify reliance on innuendo and secondary meanings in the alleged defamatory statements, did not adequately identify herself in the context of the publication, and included subjective interpretations irrelevant to the objective test for defamation. The court held that these defects rendered the particulars of claim non-compliant with Rule 18(4) and susceptible to being vague and embarrassing under Rule 23. However, the court dismissed causes of complaint 5, 6, and 7, finding that the absence of...

Court Disposition

Application partially upheld. Causes of complaint 1, 2, 3, and 4 are upheld with costs; causes 5, 6, and 7 are dismissed with costs. Plaintiff ordered to amend particulars of claim within fifteen days, failing which applicants may seek dismissal of the claim.

Orders

  • Applicants' causes of complaint 1, 2, 3, and 4 are upheld with costs.
  • Applicants' causes of complaint 5, 6, and 7 are dismissed with costs.