Ramakarane v Lephoi (4474/2020) [2023] ZAFSHC 133 (21 April 2023)

Ramakarane v Lephoi (4474/2020) [2023] ZAFSHC 133 (21 April 2023)

The court found that the Defendant made public statements on Sesotho Radio Station labelling the Plaintiff as corrupt and dishonest, based on her interpretation of a prior court judgment and Auditor-General reports. However, neither the judgment nor the reports found the Plaintiff guilty of corruption or criminal conduct. The Defendant conceded that her statements were her own conclusions and not factual findings by any authority. The court held that the reasonable listener would understand the Defendant's statements as imputing corruption to the Plaintiff, which was not substantiated by evidence. The defence of truth and public interest failed, as the Defendant did not report any alleged...

Citation
[2023] ZAFSHC 133
Parties
Plaintiff: Tsepiso Ramakarane; Defendant: Selloane Lephoi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
4474/2020
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for damages is granted; Defendant is ordered to pay damages, make a public apology, and pay costs.
Judges
Africa
Legal Topics
Defamation, Damages Quantification, Public Interest Defence, Truth Defence
Delict Civil Procedure Defamation Damages Quantification Public Interest Defence Truth Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Tsepiso Ramakarane

Plaintiff

Selloane Lephoi

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the statements made by the Defendant on Sesotho Radio Station were defamatory of the Plaintiff.
  2. 2 Whether the statements were essentially true and/or in the public interest, thus constituting a valid defence to defamation.
  3. 3 Whether the Plaintiff is entitled to damages and a public apology for injury to reputation and dignity.

Ratio Decidendi

The court found that the Defendant made public statements on Sesotho Radio Station labelling the Plaintiff as corrupt and dishonest, based on her interpretation of a prior court judgment and Auditor-General reports. However, neither the judgment nor the reports found the Plaintiff guilty of corruption or criminal conduct. The Defendant conceded that her statements were her own conclusions and not factual findings by any authority. The court held that the reasonable listener would understand the Defendant's statements as imputing corruption to the Plaintiff, which was not substantiated by evidence. The defence of truth and public interest failed, as the Defendant did not report any alleged...

Court Disposition

Plaintiff's claim for damages is granted; Defendant is ordered to pay damages, make a public apology, and pay costs.

Orders

  • Plaintiff is awarded damages in the amount of R350,000.00.
  • Defendant is to make an unconditional public apology, broadcasted on Sesotho Radio Station.