Van Rooyen v Vodacom Service Provider Company Ltd (Pty) (3652/2010) [2011] ZAECPEHC 14 (24 March 2011)

Van Rooyen v Vodacom Service Provider Company Ltd (Pty) (3652/2010) [2011] ZAECPEHC 14 (24 March 2011)

The court found that the defendant published false and damaging information about the plaintiff's creditworthiness on a globally accessible website, despite being warned not to do so. The publication was reckless, widely disseminated, and had serious personal, financial, and professional consequences for the plaintiff, including the refusal of credit facilities and jeopardizing significant business plans. The defendant failed to take any steps to recover the alleged debt or to mitigate the damage. The listing was wrongful, unlawful, and defamatory, and the plaintiff was entitled to relief, including removal of the listing and damages. Based on comparable cases and the facts, an award of...

Citation
[2011] ZAECPEHC 14
Parties
Plaintiff: Renee Paul Van Rooyen; Defendant: Vodacom Service Provider Company (Pty) Ltd
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 March 2011
Case Number
3652/2010
Procedural Posture
Default Judgment / Final Judgment
Outcome
Default judgment granted in favour of the plaintiff.
Judges
Andrews
Legal Topics
Defamation, Credit Bureau Listing, Damages Quantification, Wrongful Publication
Delict Defamation Credit Bureau Listing Damages Quantification Wrongful Publication

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Renee Paul Van Rooyen

Plaintiff

Vodacom Service Provider Company (Pty) Ltd

Defendant

Procedural Posture

Default Judgment / Final Judgment

Legal Issues

  1. 1 Whether the defendant's listing of the plaintiff with the National Credit Bureau was wrongful, unlawful, and defamatory.
  2. 2 Whether the plaintiff suffered damages as a result of the defendant's conduct.
  3. 3 What is the appropriate quantum of damages for the defamation suffered by the plaintiff.

Ratio Decidendi

The court found that the defendant published false and damaging information about the plaintiff's creditworthiness on a globally accessible website, despite being warned not to do so. The publication was reckless, widely disseminated, and had serious personal, financial, and professional consequences for the plaintiff, including the refusal of credit facilities and jeopardizing significant business plans. The defendant failed to take any steps to recover the alleged debt or to mitigate the damage. The listing was wrongful, unlawful, and defamatory, and the plaintiff was entitled to relief, including removal of the listing and damages. Based on comparable cases and the facts, an award of...

Court Disposition

Default judgment granted in favour of the plaintiff.

Orders

  • The defendant shall forthwith take the necessary steps to remove the plaintiff's name from any listing with the National Credit Bureau and any other institution indicating an amount is owing by the plaintiff to the defendant.
  • The defendant shall pay the sum of R50,000 to the plaintiff as damages.