Ngcobo v Dicken and Others (2019/36566) [2020] ZAGPJHC 125 (8 May 2020)

Ngcobo v Dicken and Others (2019/36566) [2020] ZAGPJHC 125 (8 May 2020)

The court held that the plaintiff's particulars of claim sufficiently allege that the defendants caused the republication of defamatory statements, as required by law. The pleading also sets out the elements of wrongfulness for a claim of pure economic loss, including the defendants' knowledge of falsity and foreseeability of harm. The causal link between the publication and the loss of the plaintiff's board seat is adequately established. The court found that the exceptions raised by the defendants are without merit and dismissed them with costs.

Citation
[2020] ZAGPJHC 125
Parties
Plaintiff: Mbusiswa Ngcobo; Defendant: Ashley Dicken; Defendant: Luyanda Gidini; Defendant: Jeridah Makgae; Defendant: Zokhanyo Pikashe; Defendant: Robyn Vilakazi; Defendant: Moagi Mpshe; Defendant: Sibusiso Nduna
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2020
Case Number
2019/36566
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
C G Lamont
Legal Topics
Defamation, Pure Economic Loss, Wrongfulness, Causation, Pleading Requirements
Delict Civil Procedure Defamation Pure Economic Loss Wrongfulness Causation Pleading Requirements

Case Brief

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Parties

Mbusiswa Ngcobo

Plaintiff

Ashley Dicken

Defendant

Luyanda Gidini

Defendant

Jeridah Makgae

Defendant

Zokhanyo Pikashe

Defendant

Robyn Vilakazi

Defendant

Moagi Mpshe

Defendant

Sibusiso Nduna

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim sufficiently allege that the defendants caused the republication of defamatory statements.
  2. 2 Whether the plaintiff has pleaded the element of wrongfulness required for a claim of pure economic loss in delict.
  3. 3 Whether the plaintiff has established a causal link between the alleged defamatory statements and the loss of his board seat.

Ratio Decidendi

The court held that the plaintiff's particulars of claim sufficiently allege that the defendants caused the republication of defamatory statements, as required by law. The pleading also sets out the elements of wrongfulness for a claim of pure economic loss, including the defendants' knowledge of falsity and foreseeability of harm. The causal link between the publication and the loss of the plaintiff's board seat is adequately established. The court found that the exceptions raised by the defendants are without merit and dismissed them with costs.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.