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South Africa decisions
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August v Maimane (20866/2018; 20867/2018; 20868/2023; 20869/2018) [2023] ZAWCHC 254 (13 October 2023)
Consolidated defamation trial over statements linking former DA councillors to corruption; the court awarded damages and attorney-and-client costs.
Albertus v Son Publishers and Others (156000/2007) [2010] ZAWCHC 104 (2 June 2010)
The court found that the article published by the defendants was false and seriously defamatory of the plaintiff, a respected attorney. The defendants acted with malice, having knowledge that the underlying case was civil and not criminal, and failed to provide the plaintiff an opportunity to comment prior to publication. The subsequent apology was published years later and lacked prominence, carrying little weight in mitigation. Although the plaintiff delayed in issuing summons and did not send a letter of demand, these factors only slightly mitigated the damages. The court determined that a…
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Mkhize v Media 24 Limited (362/2007) [2008] ZAKZHC 21; [2008] 4 All SA 267 (N) (17 March 2008)
The court found that the defendant published a defamatory statement about the plaintiff, a prominent political figure, without the necessary qualification that the evidence was hearsay. The defendant's persistent refusal to acknowledge the error and apologise until shortly before trial aggravated the harm to the plaintiff's reputation. The court considered previous awards for defamation, the wide circulation of the publication, and the plaintiff's impeccable reputation. Although the defendant eventually tendered an apology, it was too late to mitigate the harm fully. The court held that a mon…
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Mthimunye v RCP Media and Another (23190/2005) [2007] ZAGPHC 372; 2012 (1) SA 199 (T) (6 March 2007)
High Court defamation claim over a newspaper article about sexual-harassment allegations succeeded; the court found the apology insufficient and awarded R35,000 plus costs.
Mogale and Others v Seima (575/2004) [2005] ZASCA 101; 2008 (5) SA 637 (SCA) (14 November 2005)
The Supreme Court of Appeal reduced a defamation damages award from R70 000 to R12 000, holding the trial court treated the award too punitively.
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