Esheria South Africa Case Law
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South Africa Case Law

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Constitutional law

United Democratic Movement and Another v Lebashe Investment Group (PTY) Limited and Others

The Constitutional Court held that the interim interdict was appealable in the interests of justice because its effect on freedom of expression was sufficiently invasive and far-reaching. On the merits, the applicants failed to lay a factual basis for truth and public interest, their publication of unverified defamatory allegations was wrongful, and the respondents established the requisites for interim interdictory relief.

Source excerpt

  • Appealability of interim orders
  • Interim interdicts
  • Freedom of expression
  • Dignity and reputation
  • Public interest defence
  • Interests of justice
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Constitutional law

The Citizen (1978) (Pty) Ltd and Others v McBride

The Court held that amnesty under section 20(10) does not make it false to describe Mr McBride as having committed murder or to discuss those historical acts in public debate, because the provision expunges the conviction and its legal consequences but not the underlying historical facts. Most of the Citizen's criticism of Mr McBride was therefore capable of amounting to protected comment on a matter of public interest. However, the separate allegation that he lacked contrition was false and unsupported by the stated facts, so liability and damages were confined to that statement. Leave to ap…

Source excerpt

  • Freedom of expression
  • Human dignity
  • Fair comment
  • Amnesty under the promotion of national unity and reconciliation act
  • Truth and reconciliation
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Constitutional law

Le Roux and Others v Dey (Freedom of Expression Institute and Restorative Justice Centre as Amici Curiae)

The Court’s order granted leave to appeal but, by majority on the final outcome, set aside the lower courts’ awards and substituted a reduced compensatory amount of R25 000 together with an unconditional apology and plaintiff’s High Court costs. The judgments differed on whether the image was defamatory or only an injury to dignity, but the operative order was that compensation and an apology were warranted, while no costs were ordered in the Constitutional Court or Supreme Court of Appeal.

Source excerpt

  • Leave to appeal
  • Publication of manipulated image
  • Defamation and dignity claims
  • Wrongfulness and animus iniuriandi
  • Constitutional balancing of dignity, privacy, freedom of expression and children's rights
  • Apology and costs
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Constitutional law

Du Plessis and Others v De Klerk and Another

The defendants could not rely on section 15 of the interim Constitution to justify or defend a defamation published before the Constitution came into force, and Chapter 3 did not in general have direct horizontal application to private disputes; nevertheless, courts must develop the common law with due regard to Chapter 3's values under section 35(3).

Source excerpt

  • Retrospectivity of constitutional rights
  • Horizontal application of bill of rights
  • Development of common law
  • Freedom of speech and expression
  • Amendment of pleadings
  • Jurisdiction and referral to constitutional court
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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.