S.K.J v P.J and Another (4918/2012) [2016] ZAKZDHC 33 (22 July 2016)

S.K.J v P.J and Another (4918/2012) [2016] ZAKZDHC 33 (22 July 2016)

The court found that the plaintiff's communications regarding the alleged adulterous relationship were made in the context of family and close friendship, without intent to injure the second defendant's reputation. The publication to the plaintiff's mother was for the purpose of explaining the breakdown of his marriage, and the publication to the second defendant's wife was a matter of courtesy prior to legal action. There was no evidence of animus iniuriandi or actual injury to reputation. Furthermore, societal norms regarding adultery have shifted, and such allegations no longer carry the propensity to defame. The second defendant failed to prove injury to reputation, and the claim for...

Citation
[2016] ZAKZDHC 33
Parties
Plaintiff: S K J; Defendant: P J; Defendant: Dr Pravesh Hemrajh
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
22 July 2016
Case Number
4918/2012
Procedural Posture
Civil Trial / Judgment After Trial and Withdrawal of Claim
Outcome
Plaintiff's claim against the second defendant withdrawn with no order as to costs; second defendant's counterclaim for defamation dismissed with costs.
Judges
Masipa
Legal Topics
Defamation, Adultery, Animus Iniuriandi, Wrongfulness, Public Policy Shift
Delict Family and Children Defamation Adultery Animus Iniuriandi Wrongfulness Public Policy Shift

Case Brief

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Parties

S K J

Plaintiff

P J

Defendant

Dr Pravesh Hemrajh

Defendant

Procedural Posture

Civil Trial / Judgment After Trial and Withdrawal of Claim

Legal Issues

  1. 1 Whether the plaintiff's publication of alleged adultery constituted defamation against the second defendant.
  2. 2 Whether the plaintiff intended to injure the second defendant's reputation by communicating the alleged affair to his mother and the second defendant's wife.
  3. 3 Whether the second defendant proved injury to reputation as a result of the plaintiff's conduct.

Ratio Decidendi

The court found that the plaintiff's communications regarding the alleged adulterous relationship were made in the context of family and close friendship, without intent to injure the second defendant's reputation. The publication to the plaintiff's mother was for the purpose of explaining the breakdown of his marriage, and the publication to the second defendant's wife was a matter of courtesy prior to legal action. There was no evidence of animus iniuriandi or actual injury to reputation. Furthermore, societal norms regarding adultery have shifted, and such allegations no longer carry the propensity to defame. The second defendant failed to prove injury to reputation, and the claim for...

Court Disposition

Plaintiff's claim against the second defendant withdrawn with no order as to costs; second defendant's counterclaim for defamation dismissed with costs.

Orders

  • The plaintiff's claim against the second defendant is withdrawn with no order as to costs.
  • The second defendant's counterclaim is dismissed with costs.