Esheria South Africa Case Law
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South Africa Case Law

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Constitutional law

Reddell and Others v Mineral Sands Resources (Pty) Limited and Others

The Court held that trading corporations do not enjoy the section 10 right to human dignity, but they do have a common-law right to reputation. An unqualified claim for general damages in defamation by a trading corporation unjustifiably limits freedom of expression where the speech is part of public discourse on issues of public interest. General damages remain available, but a court has discretion to refuse them in such cases.

Source excerpt

  • Freedom of expression
  • Reputation
  • General damages
  • Trading corporations
  • Public discourse on issues of public interest
  • Development of the common law
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Constitutional law

Khumalo and Others v Holomisa

The Court held that the appeal was properly before it, but the common law of defamation as developed in Bogoshi was not inconsistent with the Constitution. Section 16 applies horizontally, yet the existing law does not unjustifiably limit freedom of expression because it preserves a balance between expression and human dignity through the existing defences, especially truth in the public benefit and reasonable publication. Accordingly, the applicants failed to justify requiring the plaintiff to plead and prove falsity as an element of the claim.

Source excerpt

  • Freedom of expression
  • Horizontal application of the bill of rights
  • Development of the common law
  • Reasonable publication defence
  • Reputation and human dignity
  • Appealability of interlocutory orders
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.