Media24 (Pty) Ltd v Nhleko and Another (4126/2019) [2021] ZAWCHC 186 (16 September 2021)

Media24 (Pty) Ltd v Nhleko and Another (4126/2019) [2021] ZAWCHC 186 (16 September 2021)

The court found that Media24's proposed amendments to its plea failed to address the central factual allegations made in the particulars of claim, particularly the role of the First Respondent and the payment of R30 million to Indoni. The amendments were characterized by bare denials and lacked the necessary precision and detail required in defamation matters, especially where the allegations are complex and based on secondary reports. The court held that the amendments did not facilitate the proper ventilation of the true dispute between the parties and were prejudicial to the respondents. However, the injustice to the respondents could be cured by granting Media24 an opportunity to make...

Citation
[2021] ZAWCHC 186
Parties
Applicant: Media24 (Pty) Ltd; Respondent: Nkosinathi Nhleko; Respondent: Dr Nomcebo Mthembu
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
16 September 2021
Case Number
4126/2019
Procedural Posture
Leave to Amend / Application for Leave to Amend Plea in Pending Defamation Action
Outcome
Leave to effect the amendment to the plea as furnished was refused. Media24 was granted leave to make consequential adjustments to its particulars of amendment within twenty days. Media24 was ordered to pay the costs, including those occasioned by any consequential adjustments.
Judges
Thulare
Legal Topics
Amendment of Pleadings, Defamation, Precision in Pleadings, Unlawful Publication, Protected Comment
Civil Procedure Delict Amendment of Pleadings Defamation Precision in Pleadings Unlawful Publication Protected Comment

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Parties

Media24 (Pty) Ltd

Applicant

Nkosinathi Nhleko

Respondent

Dr Nomcebo Mthembu

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Plea in Pending Defamation Action

Legal Issues

  1. 1 Whether Media24 should be granted leave to amend its plea in the defamation action.
  2. 2 Whether the respondents should be penalized for objecting to the proposed amendment.
  3. 3 Whether the respondents' attorney should be personally liable for costs due to the opposition.

Ratio Decidendi

The court found that Media24's proposed amendments to its plea failed to address the central factual allegations made in the particulars of claim, particularly the role of the First Respondent and the payment of R30 million to Indoni. The amendments were characterized by bare denials and lacked the necessary precision and detail required in defamation matters, especially where the allegations are complex and based on secondary reports. The court held that the amendments did not facilitate the proper ventilation of the true dispute between the parties and were prejudicial to the respondents. However, the injustice to the respondents could be cured by granting Media24 an opportunity to make...

Court Disposition

Leave to effect the amendment to the plea as furnished was refused. Media24 was granted leave to make consequential adjustments to its particulars of amendment within twenty days. Media24 was ordered to pay the costs, including those occasioned by any consequential adjustments.

Orders

  • Leave to effect the amendment to the plea as furnished is not authorized.
  • Media24 is granted leave to make consequential adjustments to the particulars of amendment of the plea within twenty days of this order.