National Media Ltd. and Another v Jooste (335/94) [1996] ZASCA 24; 1996 (3) SA 262 (SCA); [1996] 2 All SA 510 (A); (26 March 1996)

National Media Ltd. and Another v Jooste (335/94) [1996] ZASCA 24; 1996 (3) SA 262 (SCA); [1996] 2 All SA 510 (A); (26 March 1996)

The Supreme Court of Appeal held that the respondent's right to privacy was not unconditionally contracted away by her willingness to disclose private facts; rather, her consent was subject to specific conditions set out in the agreement with the appellants. The publication of the article occurred without her approval of the final text and the date of publication, in breach of the agreement. The breach of the agreement was relevant to the scope of the respondent's wish to keep facts private and to the wrongfulness of the appellants' conduct. The defence of consent failed because the publication did not comply with the terms of the consent. The respondent's acceptance of payment did not...

Citation
[1996] ZASCA 24
Parties
Appellant: National Media Limited; Appellant: Neil Hamman; Respondent: Anna Jooste
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 March 1996
Case Number
335/94
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division
Outcome
Appeal dismissed with costs, including the costs of two counsel.
Judges
Corbett, Botha, Nestadt, Harms, Plewman
Legal Topics
Right to Privacy, Publication of Private Facts, Consent in Delict, Damages for Invasion of Privacy
Delict Civil Procedure Right to Privacy Publication of Private Facts Consent in Delict Damages for Invasion of Privacy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

National Media Limited

Appellant

Neil Hamman

Appellant

Anna Jooste

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division

Legal Issues

  1. 1 Whether the publication of the respondent's private facts by the appellants constituted an unlawful invasion of her right to privacy.
  2. 2 Whether the respondent had consented to the publication of the article in terms of the agreement.
  3. 3 Whether the breach of the agreement affected the respondent's right to privacy and the lawfulness of the publication.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's right to privacy was not unconditionally contracted away by her willingness to disclose private facts; rather, her consent was subject to specific conditions set out in the agreement with the appellants. The publication of the article occurred without her approval of the final text and the date of publication, in breach of the agreement. The breach of the agreement was relevant to the scope of the respondent's wish to keep facts private and to the wrongfulness of the appellants' conduct. The defence of consent failed because the publication did not comply with the terms of the consent. The respondent's acceptance of payment did not...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.