Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Motsepe v S (A 816/2013) [2014] ZAGPPHC 1016; 2015 (2) SACR 125 (GP); 2015 (5) SA 126 (GP) (5 November 2014)
Appeal against a criminal defamation conviction by a journalist succeeded because the State failed to prove intentional publication beyond reasonable doubt.
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
Explore more
