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Media 24 (Pty) Ltd v Nhleko and Another (109/22) [2023] ZASCA 77 (29 May 2023)
The Supreme Court of Appeal upheld an amendment to a plea in a defamation case, finding the high court applied the wrong principles and demanded justification of the article rather than the pleaded defamation.
Democratic Alliance and Others v Mkhwebane and Another (1370/2019) [2021] ZASCA 18; [2021] 2 All SA 337 (SCA); 2021 (3) SA 403 (SCA) (11 March 2021)
The Supreme Court of Appeal held that Rule 35(12) applies to documents referred to in affidavits and annexures, provided they are relevant, not privileged, and in the possession of the party. The application for the SSA Analyst post was clearly referenced in the annexure 'PPSA5' and was material to the timeline and facts at issue in the defamation claim. The respondent's denial of reference and relevance was rejected. The court clarified that relevance under Rule 35(12) is broader than under conventional discovery rules and is assessed in relation to issues that might arise, not only those cr…
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