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South Africa Case Law

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Civil Procedure [2015] ZAWCHC 217

Highbury Safika Media (Pty) Limited v Joffe and Others (13955/15)

Highbury Safika Media (Pty) Limited v Joffe and Others (13955/15) [2015] ZAWCHC 217 (5 November 2015)

The High Court granted a final interdict stopping publication of a defamatory article about a media company and ordered the first respondent to pay costs.

  • Defamation
  • Final Interdict
  • Business Reputation
  • Burden Of Proof
  • Final-interdict
  • Online-publication
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Delict [2014] ZAGPJHC 243

Da Luz v Faim (2003/25022)

Da Luz v Faim (2003/25022) [2014] ZAGPJHC 243 (12 June 2014)

Default judgment in a defamation claim: the High Court awarded R200,000 and costs after finding newspaper statements about the plaintiff were defamatory and wrongful.

  • Defamation
  • Damages For Defamation
  • Fair Comment
  • Business Reputation
  • Loss Of Income
  • Damages-for-defamation
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Delict [2008] ZAGPHC 209

Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863)

Electronic Media Network Limited and Another v Gold Reef City Theme Park and Another (07/28863) [2008] ZAGPHC 209 (26 June 2008)

High Court held that broadcast allegations that amusement rides were unsafe were reasonably capable of defamatory meaning. Exception dismissed with costs.

  • Defamation
  • Business Reputation
  • Actio Iniuriarum
  • Actio Legis Aquilia
  • Corporate Personality Rights
  • Corporate-defamation
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Commercial And Corporate [1996] ZASCA 46

Williams t/a Jenifer Williams & Associates and Another v Life Line Southern Transvaal (495/94)

Williams t/a Jenifer Williams & Associates and Another v Life Line Southern Transvaal (495/94) [1996] ZASCA 46; 1996 (3) SA 408 (SCA); (29 March 1996)

The Supreme Court of South Africa held that Life Line failed to prove passing-off or unlawful competition over Last Night of the Proms concerts.

  • Passing Off
  • Unlawful Competition
  • Goodwill
  • Business Reputation
  • Interdict
  • Charity Commercial Activity
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Delict [1990] ZASCA 47

Caxton Ltd. and Others v Reeva Forman (Pty) Ltd. and Another (393/88)

Caxton Ltd. and Others v Reeva Forman (Pty) Ltd. and Another (393/88) [1990] ZASCA 47; 1990 (3) SA 547 (AD); [1990] 2 All SA 300 (A) (17 May 1990)

Appeal in defamation damages case against magazine publishers. Damages for the first respondent were reduced; the award against the second respondent stood.

  • Defamation
  • Quantification Of Damages
  • Business Reputation
  • Special And General Damages
  • Trade Practices Act
  • Pyramid Selling
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Delict [1988] ZASCA 173

Dhlomo v Natal Newspaper (Pty) Ltd and Another (407/87)

Dhlomo v Natal Newspaper (Pty) Ltd and Another (407/87) [1988] ZASCA 173; [1989] 2 All SA 136 (A) (1 December 1988)

The Supreme Court of Appeal held that the right to claim damages for defamation is not limited to trading corporations. Non-trading corporations, such as benevolent societies or political organizations, may also sue for defamation if the defamatory statement is calculated to cause financial prejudice, regardless of whether actual financial loss is proven. The court found no logical or fair justification for denying non-trading corporations the right to protect their reputations when trading corporations are afforded such protection. The court affirmed that South African law recognizes the rig…

  • Defamation
  • Corporate Personality
  • Business Reputation
  • Non Trading Corporation
  • Aquilian Action
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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.