South African National Defence Union v Minister of Defence and Others (1877/2008)
South African National Defence Union v Minister of Defence and Others (1877/2008) [2012] ZAGPPHC 20; 2012 (4) SA 382 (GNP); (2012) 33 ILJ 1061 (GNP) (9 February 2012)
The court held that a trade union, as a non-trading corporation, has a reputation it is entitled to protect and may sue for defamation if a statement is calculated to cause financial prejudice. The article published by the defendants contained statements that, after the delivery of the Mynhardt J judgment, could no longer be said to be true. The defendants failed to rebut the presumptions of unlawfulness and animus injuriandi, as they continued with publication despite knowing the judgment had found the deductions lawful. The publication was therefore defamatory. However, the court found that…
Source excerpt
- Defamation
- Trade Union Rights
- Damages Assessment
- Authorised Deductions
- Animus Injuriandi