Van Zyl v Marx (CA&R 109/2007) [2009] ZANCHC 62 (26 June 2009)

Van Zyl v Marx (CA&R 109/2007) [2009] ZANCHC 62 (26 June 2009)

The court held that the appellant's own use of crude language ('kak') in a business setting undermined his claim to dignity and justified the respondent's reaction in ejecting him from the office. The respondent's conduct was not unlawful or unreasonable in the circumstances, and the incident was too trivial to warrant judicial intervention (de minimis non curat lex). The statement 'if you say I lie, then I say you lie too' was found to be fair comment made in the context of a dispute and did not amount to actionable iniuria. The magistrate's award of R300 for the first claim reflected the trivial nature of the injury, and there were no grounds for appellate interference with the quantum....

Citation
[2009] ZANCHC 62
Parties
Appellant: Gideon Andries Van Zyl; Respondent: Fonnie Marx
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
26 June 2009
Case Number
CA&R 109/2007
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court
Outcome
Appeal dismissed with costs.
Judges
Majiedt R, Williams R
Legal Topics
Iniuria, Defamation, De Minimis Non Curat Lex, Fair Comment, Quantum of Damages
Delict Iniuria Defamation De Minimis Non Curat Lex Fair Comment Quantum of Damages

Case Brief

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Parties

Gideon Andries Van Zyl

Appellant

Fonnie Marx

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court

Legal Issues

  1. 1 Whether the respondent's conduct in ejecting the appellant from his office constituted iniuria or defamation warranting damages.
  2. 2 Whether the respondent's statement 'if you say I lie, then I say you lie too' amounted to actionable iniuria or was protected as fair comment.
  3. 3 Whether the quantum of damages awarded by the magistrate was appropriate.

Ratio Decidendi

The court held that the appellant's own use of crude language ('kak') in a business setting undermined his claim to dignity and justified the respondent's reaction in ejecting him from the office. The respondent's conduct was not unlawful or unreasonable in the circumstances, and the incident was too trivial to warrant judicial intervention (de minimis non curat lex). The statement 'if you say I lie, then I say you lie too' was found to be fair comment made in the context of a dispute and did not amount to actionable iniuria. The magistrate's award of R300 for the first claim reflected the trivial nature of the injury, and there were no grounds for appellate interference with the quantum....

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.