Mokoditoa and Another v Government Employees Medical Aid Scheme and Others (78753/19) [2020] ZAGPPHC 317 (14 July 2020)

Mokoditoa and Another v Government Employees Medical Aid Scheme and Others (78753/19) [2020] ZAGPPHC 317 (14 July 2020)

The court found that the application for condonation for the late filing of the application for leave to appeal was without merit. The alleged new evidence from the section 59 Inquiry was not admissible as the inquiry was incomplete and no findings had been made. Complaints to the SIU were lodged after the judgment and were irrelevant to the defamatory statements at issue. The applicants failed to establish any defence of fair comment, truthfulness, or public interest. The requirements for an interdict were met, as the respondents had a clear right to dignity and reputation, a reasonable apprehension of harm, and no alternative remedy. The impugned statements were clearly defamatory,...

Citation
[2020] ZAGPPHC 317
Parties
Applicant: Alfred Mokoditoa; Applicant: Ntebeng Mokoditoa; Respondent: Government Employees Medical Aid Scheme; Respondent: Dr Gunvant Goolab; Respondent: Dr Bojosi Olehile Stanley Moloabi; Respondent: Mpasha Ishmael Mogapi
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 July 2020
Case Number
78753/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Both the application for condonation and the application for leave to appeal are dismissed with costs.
Judges
Ranchod
Legal Topics
Defamation, Interdict, Leave to Appeal, Condonation, Prospects of Success
Civil Procedure Delict Defamation Interdict Leave to Appeal Condonation Prospects of Success

Case Brief

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Parties

Alfred Mokoditoa

Applicant

Ntebeng Mokoditoa

Applicant

Government Employees Medical Aid Scheme

Respondent

Dr Gunvant Goolab

Respondent

Dr Bojosi Olehile Stanley Moloabi

Respondent

Mpasha Ishmael Mogapi

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether leave to appeal should be granted against the judgment granting a final interdict restraining defamatory statements.
  3. 3 Whether alleged new evidence from the section 59 Inquiry and SIU complaints justifies leave to appeal.

Ratio Decidendi

The court found that the application for condonation for the late filing of the application for leave to appeal was without merit. The alleged new evidence from the section 59 Inquiry was not admissible as the inquiry was incomplete and no findings had been made. Complaints to the SIU were lodged after the judgment and were irrelevant to the defamatory statements at issue. The applicants failed to establish any defence of fair comment, truthfulness, or public interest. The requirements for an interdict were met, as the respondents had a clear right to dignity and reputation, a reasonable apprehension of harm, and no alternative remedy. The impugned statements were clearly defamatory,...

Court Disposition

Both the application for condonation and the application for leave to appeal are dismissed with costs.

Orders

  • The application for condonation for the late delivery of the application for leave to appeal is dismissed with costs.
  • The application for leave to appeal is dismissed with costs.