South Africa Case Law

Passenger Rail Agency of South Africa v Masenya (2024-123072)

Passenger Rail Agency of South Africa v Masenya (2024-123072) [2025] ZAGPPHC 782 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-123072

Judge

J Vorster

The court found that the plaintiff's amended particulars of claim contain sufficient allegations to establish publication, as specific individuals and groups were identified as recipients of the defamatory statements. The allegations, when read contextually, accuse the plaintiff of fraud and other serious misconduct, which are capable of defamatory meaning and are prima facie wrongful. The court held that Uniform Rule 18 does not apply since the cause of action is defamation, not contract. Furthermore, intent to defame is presumed in law once publication of defamatory matter is established. A…

Source excerpt

• Exception To Pleadings
• Defamation
• Publication Requirement
• Wrongfulness
• Animus Iniurandi
• Uniform Rule 18

Vhuyatsha v National Director of Public Prosecutions (89902/2015)

Vhuyatsha v National Director of Public Prosecutions (89902/2015) [2022] ZAGPPHC 337 (12 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

89902/2015

Judge

N Davis

The High Court dismissed a malicious prosecution claim, finding the NDPP acted with reasonable and probable cause and without malice.

• Malicious Prosecution
• Reasonable And Probable Cause
• Animus Iniurandi
• Sexual Offences
• Mental Capacity
• Costs Order

Pelser v Miruka (898/2014)

Pelser v Miruka (898/2014) [2015] ZANWHC 69 (29 October 2015)

Court

North West High Court, Mafikeng

Case number

898/2014

Judge

Kgoele

The North West High Court held that an email accusing a university lecturer of plagiarism and unethical conduct was defamatory and awarded R100,000 damages.

• Defamation
• Quantum Of Damages
• Publication
• Animus Iniurandi
• Fair Comment
• Academic Reputation