S v Hoho (493/05)
S v Hoho (493/05) [2008] ZASCA 98; [2009] 1 All SA 103 (SCA) ; 2009 (1) SACR 276 (SCA) (17 September 2008)
The Supreme Court of Appeal held that criminal defamation has not been abrogated by disuse in South African law. The absence of reported convictions does not amount to tacit repeal, as prosecutions may occur in lower courts and the legislature has continued to recognise the crime. The court found that criminal defamation is not inconsistent with the Constitution. While freedom of expression is a foundational right, it is not absolute and must be balanced against the right to human dignity and reputation. The requirements for criminal defamation are more onerous than those for civil defamation…
Source excerpt
- Criminal Defamation
- Constitutionality Of Criminal Defamation
- Freedom Of Expression
- Human Dignity
- Onus Of Proof
- Abrogation By Disuse