Modiri v Minister of Safety and Security and Others (581/2010) [2011] ZASCA 153; 2011 (6) SA 370 (SCA); [2012] 1 All SA 154 (SCA) (28 September 2011)

Modiri v Minister of Safety and Security and Others (581/2010) [2011] ZASCA 153; 2011 (6) SA 370 (SCA); [2012] 1 All SA 154 (SCA) (28 September 2011)

The Supreme Court of Appeal held that the article published by the media respondents, though containing some inaccuracies, was substantially true in its defamatory sting: the police suspected the appellant of serious criminal activities and sought public assistance. The court found that the defence of truth and public benefit was established, as the police suspicions were longstanding, credible, and not based on flimsy or malicious information. Peripheral inaccuracies, such as the source of the statements and the invitation for public assistance, did not form part of the sting and thus did not defeat the defence. The court further held that publication of such suspicions was for the...

Citation
[2011] ZASCA 153
Parties
Appellant: Mogale Winston Stanford Modiri; Respondent: Minister of Safety and Security; Respondent: Superintendent Adam Wiese; Respondent: Themba Khumalo; Respondent: Media 24 Limited; Respondent: Deon du Plessis; Respondent: Yoliswa Sobuwa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 2011
Case Number
581/2010
Procedural Posture
Civil Appeal / Appeal From the Free State High Court, Bloemfontein
Outcome
Appeal partly upheld; appellant's claims against all six defendants dismissed; costs orders varied.
Judges
Brand JA, Maya JA, Mhlantla JA, Majiedt JA, Meer AJA
Legal Topics
Defamation, Media Liability, Truth and Public Benefit, Costs Award, Reasonable Publication, Qualified Privilege
Delict Civil Procedure Telecoms and Media Defamation Media Liability Truth and Public Benefit Costs Award Reasonable Publication +1 more

Case Brief

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Parties

Mogale Winston Stanford Modiri

Appellant

Minister of Safety and Security

Respondent

Superintendent Adam Wiese

Respondent

Themba Khumalo

Respondent

Media 24 Limited

Respondent

Deon du Plessis

Respondent

Yoliswa Sobuwa

Respondent

Procedural Posture

Civil Appeal / Appeal From the Free State High Court, Bloemfontein

Legal Issues

  1. 1 Whether the publication of the article was defamatory and wrongful.
  2. 2 Whether the defence of truth and public benefit was established by the media respondents.
  3. 3 Whether inaccuracies in the article precluded reliance on the defence of truth and public benefit.

Ratio Decidendi

The Supreme Court of Appeal held that the article published by the media respondents, though containing some inaccuracies, was substantially true in its defamatory sting: the police suspected the appellant of serious criminal activities and sought public assistance. The court found that the defence of truth and public benefit was established, as the police suspicions were longstanding, credible, and not based on flimsy or malicious information. Peripheral inaccuracies, such as the source of the statements and the invitation for public assistance, did not form part of the sting and thus did not defeat the defence. The court further held that publication of such suspicions was for the...

Court Disposition

Appeal partly upheld; appellant's claims against all six defendants dismissed; costs orders varied.

Orders

  • The two condonation applications by the appellant are granted, but the appellant is ordered to pay the costs incurred by the third to sixth respondents in opposing these applications.
  • The appeal is partly upheld and the third to sixth respondents are ordered to pay the appellant’s costs of appeal.