Mohamed and Another v Jassiem (201/1992) [1995] ZASCA 115; 1996 (1) SA 673 (SCA); (26 September 1995)

Mohamed and Another v Jassiem (201/1992) [1995] ZASCA 115; 1996 (1) SA 673 (SCA); (26 September 1995)

The Supreme Court of Appeal held that the words uttered by Nazim in the Wynberg mosque were defamatory of Jassiem within the Western Cape Muslim community, a substantial and respectable segment of South African society. The court affirmed that segmental defamation is actionable in South African law. The defence of qualified privilege was rejected because Nazim spoke prematurely, without proper investigation or compliance with Islamic procedural requirements for declaring apostasy, and the occasion was not privileged. The court found that Jassiem had proved he was accepted as a Muslim within the relevant community and was entitled to sue for defamation. However, the court held that Nazim...

Citation
[1995] ZASCA 115
Parties
Appellant: Sheikh Nazim Mohamed; Appellant: Muslim Judicial Council; Respondent: Sheikh Mogamat Abbas Jassiem
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 1995
Case Number
201/1992
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division Judgment on Consolidated Defamation and Wrongful Dismissal Actions
Outcome
Nazim's appeal dismissed; MJC's appeal upheld. Jassiem succeeds against Nazim for defamation, but not against MJC.
Judges
Hoexter, Smalberger, Steyn, Marais, Schutz
Legal Topics
Defamation, Qualified Privilege, Segmental Defamation, Onus of Proof, Damages for Defamation
Delict Civil Procedure Defamation Qualified Privilege Segmental Defamation Onus of Proof Damages for Defamation

Case Brief

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Parties

Sheikh Nazim Mohamed

Appellant

Muslim Judicial Council

Appellant

Sheikh Mogamat Abbas Jassiem

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division Judgment on Consolidated Defamation and Wrongful Dismissal Actions

Legal Issues

  1. 1 Whether the words uttered by Nazim were defamatory of Jassiem within the relevant community.
  2. 2 Whether Jassiem was entitled to sue for defamation based on harm to reputation within a specific segment of society.
  3. 3 Whether the defence of qualified privilege was established by the appellants.

Ratio Decidendi

The Supreme Court of Appeal held that the words uttered by Nazim in the Wynberg mosque were defamatory of Jassiem within the Western Cape Muslim community, a substantial and respectable segment of South African society. The court affirmed that segmental defamation is actionable in South African law. The defence of qualified privilege was rejected because Nazim spoke prematurely, without proper investigation or compliance with Islamic procedural requirements for declaring apostasy, and the occasion was not privileged. The court found that Jassiem had proved he was accepted as a Muslim within the relevant community and was entitled to sue for defamation. However, the court held that Nazim...

Court Disposition

Nazim's appeal dismissed; MJC's appeal upheld. Jassiem succeeds against Nazim for defamation, but not against MJC.

Orders

  • The appeal of the first appellant (Nazim) is dismissed with costs, including costs of two counsel.
  • The appeal of the second appellant (Muslim Judicial Council) is upheld with costs, including costs of two counsel.