Netshandama v NEHAWU and Another (26096/2014) [2016] ZAGPJHC 330 (9 December 2016)

Netshandama v NEHAWU and Another (26096/2014) [2016] ZAGPJHC 330 (9 December 2016)

The court held that the letter, when read in the context of the meeting on 21 August 2013 and addressed to a recipient who was present at that meeting, was not per se defamatory of the plaintiff. The reasonable reader, informed by the meeting’s background, would understand the letter as a pass-on of allegations for investigation rather than as statements of fact lowering the plaintiff’s reputation. Even if the letter were defamatory, the defence of qualified privilege was sufficiently pleaded, as the union had a duty to communicate the allegations and the recipient had a corresponding duty to receive them. The court found no basis for the plaintiff’s claim and dismissed it with costs.

Citation
[2016] ZAGPJHC 330
Parties
Plaintiff: Takalani Netshandama; Defendant: NEHAWU; Defendant: Chauke, Matilaya Onica
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2016
Case Number
26096/2014
Procedural Posture
Civil Action / Separation of Issues Under Rule 33(4); Determination of Whether Letter Is Per Se Defamatory and Whether Qualified Privilege Applies
Outcome
Plaintiff’s claims dismissed with costs.
Judges
Van der Linde
Legal Topics
Defamation, Qualified Privilege, Primary and Secondary Meaning, Malice in Defamation, Union Liability
Delict Defamation Qualified Privilege Primary and Secondary Meaning Malice in Defamation Union Liability

Case Brief

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Parties

Takalani Netshandama

Plaintiff

NEHAWU

Defendant

Chauke, Matilaya Onica

Defendant

Procedural Posture

Civil Action / Separation of Issues Under Rule 33(4); Determination of Whether Letter Is Per Se Defamatory and Whether Qualified Privilege Applies

Legal Issues

  1. 1 Whether the letter dated 29 August 2013 is per se defamatory of the plaintiff.
  2. 2 Whether the defence of qualified privilege, as pleaded, constitutes a defence to the plaintiff’s claim if the letter is defamatory.

Ratio Decidendi

The court held that the letter, when read in the context of the meeting on 21 August 2013 and addressed to a recipient who was present at that meeting, was not per se defamatory of the plaintiff. The reasonable reader, informed by the meeting’s background, would understand the letter as a pass-on of allegations for investigation rather than as statements of fact lowering the plaintiff’s reputation. Even if the letter were defamatory, the defence of qualified privilege was sufficiently pleaded, as the union had a duty to communicate the allegations and the recipient had a corresponding duty to receive them. The court found no basis for the plaintiff’s claim and dismissed it with costs.

Court Disposition

Plaintiff’s claims dismissed with costs.

Orders

  • It is declared that the letter dated 29 August 2013 is not defamatory of the plaintiff.
  • The plaintiff’s claims are dismissed with costs.