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South Africa decisions
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Phaleng-Podile v Dovey (A2023-005228) [2023] ZAGPJHC 1475 (27 December 2023)
The High Court dismissed an appeal in a WhatsApp defamation dispute, holding that the claim should have been brought by action proceedings, not motion proceedings.
Van Gijsen v Van Der Merwe (14860/13) [2016] ZAWCHC 85 (24 June 2016)
The court found that the defendant published multiple emails to various third parties, including officials and professionals, containing serious allegations of dishonesty, fraud, theft, tax evasion, and other criminal conduct against the plaintiff. These statements were per se defamatory and intended to injure the plaintiff's reputation. The defendant failed to plead or prove any justification, privilege, or truth, and did not rebut the presumptions of unlawfulness and intent. The defendant persisted in his conduct over a prolonged period, even after warnings and an interim interdict, aggrava…
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Du Plessis v Media 24 t/a Daily Sun and Another (26357/12) [2015] ZAGPPHC 1112; 2016 (3) SA 178 (GP) (2 September 2015)
High Court defamation case over a Daily Sun article about a market agent allegedly detaining a man in a cold room. The court found the article substantially false and awarded damages.
Rudman v Claassen (442/2010) [2010] ZAECPEHC 22 (25 May 2010)
The court found that the entire e-mail sent by the defendant was defamatory of and concerning the plaintiff. The words used were not mere abuse but constituted a vicious attack on the plaintiff's professional integrity and competence. The publication of the e-mail to the plaintiff's colleagues and husband was sufficient to harm her reputation in her business environment. The court considered the limited scope of publication but found that the recipients were people to whom the plaintiff's image was most relevant. The insults were unjustified, aggravated by the absence of an apology, and cause…
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Young v Shaikh (10646/01) [2003] ZAWCHC 50; 2004 (3) SA 46 (C) (26 September 2003)
Defamation claim over a televised interview was upheld; the court awarded the plaintiff R150,000 plus interest and costs.
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