NM and Others v Smith and Others (24948/02) [2005] ZAGPHC 54; [2005] 3 All SA 457 (W) (13 May 2005)

NM and Others v Smith and Others (24948/02) [2005] ZAGPHC 54; [2005] 3 All SA 457 (W) (13 May 2005)

The court found that the Defendants did not act with animus injuriandi or negligence when publishing the Plaintiffs' names and HIV status in the biography, as the information was sourced from an official report of a public inquiry commissioned by a responsible public body, and there was no indication of confidentiality or limitation of consent in the report or its covering letter. The Defendants were entitled to assume that the Plaintiffs had consented to the disclosure. However, from the end of April 2002, after being notified of the Plaintiffs' objection, the Third Defendant (publisher) became liable for damages arising from continued distribution of the book containing the private...

Citation
[2005] ZAGPHC 54
Parties
Plaintiff: N M; Plaintiff: S M; Plaintiff: L H; Defendant: Charlene Smith; Defendant: Patricia De Lille; Defendant: New Africa Books (Pty) Ltd
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
13 May 2005
Case Number
24948/02
Procedural Posture
Civil Action / Final Judgment
Outcome
Plaintiffs' claims against the First and Second Defendant are dismissed with costs. The Third Defendant is ordered to pay each Plaintiff R15,000 and to delete references to their names from all unsold copies of the book. The Third Defendant is to pay the Plaintiffs' costs. The court file is to be kept confidential.
Judges
Schwartzman
Legal Topics
Right to Privacy, Hiv Status Disclosure, Personality Rights, Reasonable Publication, Animus Injuriandi
Delict Constitutional Law Right to Privacy Hiv Status Disclosure Personality Rights Reasonable Publication Animus Injuriandi

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Parties

N M

Plaintiff

S M

Plaintiff

L H

Plaintiff

Charlene Smith

Defendant

Patricia De Lille

Defendant

New Africa Books (Pty) Ltd

Defendant

Procedural Posture

Civil Action / Final Judgment

Legal Issues

  1. 1 Whether the Defendants unlawfully and/or negligently invaded the Plaintiffs' rights to privacy and dignity by publishing their names and HIV status without consent.
  2. 2 Whether the Plaintiffs are entitled to damages and injunctive relief for the ongoing distribution of the book containing their private information.
  3. 3 Whether the Defendants acted with animus injuriandi or were negligent in publishing the private facts.

Ratio Decidendi

The court found that the Defendants did not act with animus injuriandi or negligence when publishing the Plaintiffs' names and HIV status in the biography, as the information was sourced from an official report of a public inquiry commissioned by a responsible public body, and there was no indication of confidentiality or limitation of consent in the report or its covering letter. The Defendants were entitled to assume that the Plaintiffs had consented to the disclosure. However, from the end of April 2002, after being notified of the Plaintiffs' objection, the Third Defendant (publisher) became liable for damages arising from continued distribution of the book containing the private...

Court Disposition

Plaintiffs' claims against the First and Second Defendant are dismissed with costs. The Third Defendant is ordered to pay each Plaintiff R15,000 and to delete references to their names from all unsold copies of the book. The Third Defendant is to pay the Plaintiffs' costs. The court file is to be kept confidential.

Orders

  • The Plaintiffs' claims against the First and Second Defendant are dismissed with costs.
  • The Third Defendant is ordered to pay each of the Plaintiffs an amount of R15,000.