Sindani v Van Der Merwe and Others (212/2000) [2001] ZASCA 130; [2002] 1 All SA 311 (A); 2002 (2) SA 32 (SCA) (27 November 2001)

Sindani v Van Der Merwe and Others (212/2000) [2001] ZASCA 130; [2002] 1 All SA 311 (A); 2002 (2) SA 32 (SCA) (27 November 2001)

The Supreme Court of Appeal held that the article published in Rapport attributed to the appellant the use of racially derogatory language, specifically the term 'white trash', without any apparent justification. The reasonable reader would understand the article to mean that the appellant gratuitously used racially charged language and engaged in racial vilification. Such conduct is considered reprehensible and must be eradicated in accordance with constitutional imperatives. Therefore, the imputation of such conduct to the appellant is defamatory. The appeal was upheld, and the separated issue regarding the defamatory nature of the article was determined in favour of the appellant.

Citation
[2001] ZASCA 130
Parties
Appellant: Banele Sindani; Respondent: JP Van Der Merwe; Respondent: The Editor of Rapport; Respondent: Johan Van Wyk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 2001
Case Number
212/2000
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division on a Separated Issue Under Rule 33(4)
Outcome
Appeal upheld; the article is declared defamatory of the appellant; costs of appeal not to be taxed until final determination of the trial action; costs order may be revisited after trial.
Judges
Hefer, Cameron, Cloete, Brand, Froneman
Legal Topics
Defamation, Racial Vilification, Separation of Issues, Media Publication, Constitutional Imperatives
Delict Defamation Racial Vilification Separation of Issues Media Publication Constitutional Imperatives

Case Brief

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Parties

Banele Sindani

Appellant

JP Van Der Merwe

Respondent

The Editor of Rapport

Respondent

Johan Van Wyk

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division on a Separated Issue Under Rule 33(4)

Legal Issues

  1. 1 Is the imputation in a newspaper article that the appellant abused the first respondent as 'white trash' defamatory of the appellant.
  2. 2 Does the ordinary meaning of the article attribute racially derogatory conduct to the appellant.
  3. 3 Should the separated issue regarding defamation be determined in favour of the appellant.

Ratio Decidendi

The Supreme Court of Appeal held that the article published in Rapport attributed to the appellant the use of racially derogatory language, specifically the term 'white trash', without any apparent justification. The reasonable reader would understand the article to mean that the appellant gratuitously used racially charged language and engaged in racial vilification. Such conduct is considered reprehensible and must be eradicated in accordance with constitutional imperatives. Therefore, the imputation of such conduct to the appellant is defamatory. The appeal was upheld, and the separated issue regarding the defamatory nature of the article was determined in favour of the appellant.

Court Disposition

Appeal upheld; the article is declared defamatory of the appellant; costs of appeal not to be taxed until final determination of the trial action; costs order may be revisited after trial.

Orders

  • The appeal is upheld with costs.
  • The appellant shall not be entitled to tax the costs of appeal until the trial action between the parties has finally been determined by judgment or otherwise.