Phaleng-Podile v Dovey (28223/2020) [2022] ZAGPJHC 656 (6 September 2022)

Phaleng-Podile v Dovey (28223/2020) [2022] ZAGPJHC 656 (6 September 2022)

The court found that, although the word 'racist' is capable of being defamatory, in the specific context of the Whatsapp group exchange, reasonable members would not have thought less of the applicant as a result of the respondent's statement. The context included prior insults by the applicant and interventions by other group members and the chairman, which made it clear the respondent's comment was unjustified and not taken seriously. The applicant failed to plead a claim for iniuria, which might have succeeded on the evidence, but any damages awarded would have been nominal given her own conduct. The requirements for an interdict were not met, as there was no ongoing injury or threat...

Citation
[2022] ZAGPJHC 656
Parties
Applicant: Mmatlou Hellen Phaleng-Podile; Respondent: Noranne Dovey
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2022
Case Number
28223/2020
Procedural Posture
Civil Application / Judgment Delivered After Opposed Application
Outcome
Application dismissed. No order as to costs.
Judges
Todd
Legal Topics
Defamation, Injuria, Whatsapp Group Publication, Damages Quantum, Interdict Requirements
Delict Civil Procedure Defamation Injuria Whatsapp Group Publication Damages Quantum Interdict Requirements

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mmatlou Hellen Phaleng-Podile

Applicant

Noranne Dovey

Respondent

Procedural Posture

Civil Application / Judgment Delivered After Opposed Application

Legal Issues

  1. 1 Whether the respondent's statement labelling the applicant as 'racist' on a Whatsapp group was defamatory.
  2. 2 Whether the statement impaired the applicant's dignity or reputation under South African law.
  3. 3 Whether the applicant is entitled to damages or an interdict based on the alleged defamation or insult.

Ratio Decidendi

The court found that, although the word 'racist' is capable of being defamatory, in the specific context of the Whatsapp group exchange, reasonable members would not have thought less of the applicant as a result of the respondent's statement. The context included prior insults by the applicant and interventions by other group members and the chairman, which made it clear the respondent's comment was unjustified and not taken seriously. The applicant failed to plead a claim for iniuria, which might have succeeded on the evidence, but any damages awarded would have been nominal given her own conduct. The requirements for an interdict were not met, as there was no ongoing injury or threat...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.