Pharmavalu Sunnyside BK and Others v Pretorius (A200/2009) [2010] ZAGPPHC 114 (9 September 2010)

Pharmavalu Sunnyside BK and Others v Pretorius (A200/2009) [2010] ZAGPPHC 114 (9 September 2010)

The court found that the conduct of the appellants' employees, in the context of a pharmacy with high theft rates, was not objectively unreasonable or wrongful. The respondent was not defamed nor was his dignity unlawfully impaired; he was vindicated when he explained the situation. The alleged defamatory statements were made only to those directly involved, and there was no evidence of wider publication. The respondent's reaction was disproportionate and amounted to an overreaction to a minor incident. The attempt to withdraw the admission regarding employment was properly refused due to lack of a reasonable explanation. Condonation for the late filing of the appeal was granted as the...

Citation
[2010] ZAGPPHC 114
Parties
Appellant: Pharmavalu Sunnyside BK; Appellant: J J Strydom; Appellant: Delsie Vilakazi; Respondent: H N Pretorius
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 September 2010
Case Number
A200/2009
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal upheld; Magistrate's Court order set aside; respondent's claim dismissed.
Judges
Louw, Potterill
Legal Topics
Defamation, Dignitas, Wrongful Conduct, Condonation, Withdrawal of Admission
Delict Defamation Dignitas Wrongful Conduct Condonation Withdrawal of Admission

Case Brief

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Parties

Pharmavalu Sunnyside BK

Appellant

J J Strydom

Appellant

Delsie Vilakazi

Appellant

H N Pretorius

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether the conduct of the appellants' employees was wrongful and actionable.
  2. 2 Whether the respondent's dignity or reputation was unlawfully infringed.
  3. 3 Whether the respondent was entitled to damages for defamation or impairment of dignity.

Ratio Decidendi

The court found that the conduct of the appellants' employees, in the context of a pharmacy with high theft rates, was not objectively unreasonable or wrongful. The respondent was not defamed nor was his dignity unlawfully impaired; he was vindicated when he explained the situation. The alleged defamatory statements were made only to those directly involved, and there was no evidence of wider publication. The respondent's reaction was disproportionate and amounted to an overreaction to a minor incident. The attempt to withdraw the admission regarding employment was properly refused due to lack of a reasonable explanation. Condonation for the late filing of the appeal was granted as the...

Court Disposition

Appeal upheld; Magistrate's Court order set aside; respondent's claim dismissed.

Orders

  • The appeal succeeds with costs.
  • The order of the court a quo is set aside and replaced with: (a) The plaintiff's claim is dismissed; (b) Each party is to bear their own costs in the court a quo.