Sithole and Another v Media24 (Pty) Ltd and Others (2023/070374) [2023] ZAGPJHC 884 (8 August 2023)

Sithole and Another v Media24 (Pty) Ltd and Others (2023/070374) [2023] ZAGPJHC 884 (8 August 2023)

The court found that the application was not urgent, as the alleged defamatory references to the applicants as 'Alex Mafia' have existed in the public domain for at least sixteen years, and the applicants failed to act promptly when the term was first used or in subsequent years. The relief sought would be ineffectual, as it would not remove existing references nor prevent third parties from using the nickname. The applicants did not pursue available remedies, such as the Press Council, nor did they provide a satisfactory explanation for their delay. The application was deemed an abuse of process, intended to punish and deter journalists rather than to vindicate any genuine right. The...

Citation
[2023] ZAGPJHC 884
Parties
Applicant: Lemane Bridgman Sithole; Applicant: Michael Matshidiso Maile; Respondent: Media24 (Pty) Ltd; Respondent: Adriaan Basson; Respondent: Pieter du Toit; Respondent: Sipho Masondo; Respondent: Kyle Cowan; Respondent: Azarrah Karrim; Respondent: Henriette Loubser; Respondent: Willie Durand Spies
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 August 2023
Case Number
2023/070374
Procedural Posture
Urgent Application / Application for Interim Interdict Struck Off Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency; punitive costs order granted against applicants.
Judges
Ingrid Opperman
Legal Topics
Interim Interdict, Prior Restraint, Freedom of Expression, Defamation, Abuse of Process, Press Regulation
Civil Procedure Constitutional Law Telecoms and Media Interim Interdict Prior Restraint Freedom of Expression Defamation Abuse of Process +1 more

Case Brief

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Parties

Lemane Bridgman Sithole

Applicant

Michael Matshidiso Maile

Applicant

Media24 (Pty) Ltd

Respondent

Adriaan Basson

Respondent

Pieter du Toit

Respondent

Sipho Masondo

Respondent

Kyle Cowan

Respondent

Azarrah Karrim

Respondent

Henriette Loubser

Respondent

Willie Durand Spies

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Struck Off Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application for an urgent interim interdict against Media24 and its journalists to prevent reference to the applicants as 'Alex Mafia' is urgent and justified.
  2. 2 Whether the relief sought constitutes an abuse of court process.
  3. 3 Whether judicial prior restraint ('gagging order') is warranted in the circumstances.

Ratio Decidendi

The court found that the application was not urgent, as the alleged defamatory references to the applicants as 'Alex Mafia' have existed in the public domain for at least sixteen years, and the applicants failed to act promptly when the term was first used or in subsequent years. The relief sought would be ineffectual, as it would not remove existing references nor prevent third parties from using the nickname. The applicants did not pursue available remedies, such as the Press Council, nor did they provide a satisfactory explanation for their delay. The application was deemed an abuse of process, intended to punish and deter journalists rather than to vindicate any genuine right. The...

Court Disposition

Application struck off the roll for lack of urgency; punitive costs order granted against applicants.

Orders

  • The matter is struck off the roll with costs, as between attorney and client, such costs to include the costs of two counsel where so employed.