Xaba and Another v Mkhabela (A183/2017) [2019] ZAGPPHC 377 (15 August 2019)

Xaba and Another v Mkhabela (A183/2017) [2019] ZAGPPHC 377 (15 August 2019)

The court found that while the article published by the Daily Sun was defamatory in that it implied wrongdoing and incompetence on the part of the Respondent, the Appellants successfully established the defence of reasonable publication. The journalists undertook thorough investigations, verified facts with multiple sources, and provided the Respondent an opportunity to respond, which he failed to do. The publication concerned matters of significant public interest, namely the circumcision programme and related complications. The evidence demonstrated that the Appellants acted without negligence and did not intend to injure the Respondent's reputation. The Respondent did not rebut the...

Citation
[2019] ZAGPPHC 377
Parties
Appellant: Mazwai Xaba; Appellant: Jeremy Gordon; Appellant: On the Dot Media & Monitoring CC; Appellant: Paarl Coldset (Pty) Limited; Respondent: Dr E B Mkhabela
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 August 2019
Case Number
A183/2017
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order in Defamation Claim
Outcome
Appeal upheld; Respondent's claim dismissed.
Judges
R G Tolmay, N Ranchod, A Basson
Legal Topics
Defamation, Reasonable Publication Defence, Media Liability, Damages for Defamation, Public Interest Reporting
Delict Telecoms and Media Defamation Reasonable Publication Defence Media Liability Damages for Defamation Public Interest Reporting

Case Brief

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Parties

Mazwai Xaba

Appellant

Jeremy Gordon

Appellant

On the Dot Media & Monitoring CC

Appellant

Paarl Coldset (Pty) Limited

Appellant

Dr E B Mkhabela

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order in Defamation Claim

Legal Issues

  1. 1 Whether the article published by the Daily Sun was wrongful and defamatory of the Respondent.
  2. 2 Whether the defence of reasonable publication applies to the facts of the case.
  3. 3 Whether the Respondent was entitled to damages for defamation.

Ratio Decidendi

The court found that while the article published by the Daily Sun was defamatory in that it implied wrongdoing and incompetence on the part of the Respondent, the Appellants successfully established the defence of reasonable publication. The journalists undertook thorough investigations, verified facts with multiple sources, and provided the Respondent an opportunity to respond, which he failed to do. The publication concerned matters of significant public interest, namely the circumcision programme and related complications. The evidence demonstrated that the Appellants acted without negligence and did not intend to injure the Respondent's reputation. The Respondent did not rebut the...

Court Disposition

Appeal upheld; Respondent's claim dismissed.

Orders

  • The appeal is upheld, and the order made by the Court a quo is set aside and substituted with the following:
  • The Respondent's claim is dismissed.