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South Africa Case Law

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Delict [2024] ZAGPJHC 696

Suleman v Ashoms (27341/2021)

Suleman v Ashoms (27341/2021) [2024] ZAGPJHC 696 (10 July 2024)

The court found that the defendant's social media publications were defamatory of the plaintiff and his ministry. The plaintiff's uncontested evidence established that the statements were wrongful and damaging to his reputation. The court applied established principles of South African defamation law, noting that damages in such cases are compensatory rather than punitive and must be proportionate to the harm suffered. The court considered the plaintiff's standing, the widespread circulation of the defamatory statements, and the absence of any apology from the defendant. The claim for R10 mil…

  • Defamation
  • Social Media Publication
  • Quantum Of Damages
  • Apology As Remedy
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Delict [2023] ZAWCHC 115

Jacobson v Finch (18830/2020)

Jacobson v Finch (18830/2020) [2023] ZAWCHC 115 (22 May 2023)

The court found that the respondent had defamed the applicant but had twice issued sincere, written apologies, including posting them on the same Facebook page where the defamatory statements were made. The apologies were acknowledged by the applicant and his wife. The applicant himself was found to have made offensive and defamatory posts on social media and had published personal information of another individual, contributing to the community conflict. The court held that the respondent's apologies were adequate compensation for the injury to the applicant's dignity and reputation, and tha…

  • Defamation
  • Apology As Remedy
  • Injury To Dignity
  • Damages Quantum
  • Social Media Liability
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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.