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South Africa decisions
Decisions matching the current search
Democratic Alliance v Rulumeni (88/2021) [2023] ZASCA 1 (13 January 2023)
The Supreme Court of Appeal held that interviewing the respondent in a private changing room was not objectively wrongful and did not prove an intent to injure dignity.
Ngwenya v Minister of Police (924/2016) [2019] ZANWHC 3 (7 February 2019)
High Court quantum judgment on unlawful arrest and detention. The court awarded R45,000 for three days’ detention and costs on the Magistrate Court scale.
Hechter v Benade (20595/2016) [2016] ZAGPPHC 1018 (5 December 2016)
An undefended defamation case over Facebook posts led the High Court to award Paul Hechter R350,000 for injury to dignity and reputation, plus interest and costs.
Cele v Avusa Media Ltd (08/10831) [2013] ZAGPJHC 15; [2013] 2 All SA 412 (GSJ) (14 February 2013)
The court found that the articles and altered photo image, when read in context, were not defamatory of the plaintiff. The reasonable reader would interpret the plaintiff's statements and the image as advocating a tough stance against violent crime, not as incitement to murder or indiscriminate violence. The plaintiff, as a public figure, was expected to tolerate robust criticism and satire. The altered photo image was a parodic representation and did not infringe the plaintiff's dignity, as a reasonable politician in his position would not have been hurt by its publication. The publication o…
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Joubert v Nedbank Ltd (1476/09) [2011] ZAECPEHC 28 (5 July 2011)
The High Court dismissed Theresa Joubert’s claim for malicious prosecution and related personality-rights claims against Nedbank, finding reasonable cause for the disciplinary action.
Isaacs v Kearns and Another (10280/10) [2010] ZAWCHC 578 (26 November 2010)
The court found that both defendants unlawfully infringed the plaintiff's dignity and reputation. The first defendant's indecent exposure and the second defendant's verbal abuse were intentional and public, causing the plaintiff emotional distress and reputational harm. The plaintiff's subjective feelings of humiliation and the objective lowering of her esteem in the community were established. The court exercised its discretion to award damages of R15,000.00 against each defendant, referencing comparable awards in recent case law. The nature and seriousness of the infringement justified the…
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Minister of Safety and Security v Cloete (A148/2008) [2008] ZAWCHC 235 (8 August 2008)
Appeal over damages and costs for unlawful arrest and one-hour detention. The High Court reduced damages, set aside punitive costs, and made no appeal-costs order.
Maithufi v Minister of Safety and Security of the Republic of South Africa (20382/05) [2007] ZAGPHC 163 (4 July 2007)
The High Court held that police conduct in stopping and insulting the plaintiff unlawfully infringed his dignity, awarding damages for injuria and costs.
Trident Security Services (Pty) Limited and Another v Bakana (A10/07_) [2007] ZAWCHC 337 (5 April 2007)
Appeal over public bag search dismissed on the merits, but damages for dignity and privacy infringement were reduced from R70,000 to R30,000.
Seymour v Minister of Safety and Security (26508/01) [2005] ZAGPHC 18; 2006 (5) SA 495 (W); [2005] 2 All SA 296 (W) (16 February 2005)
High Court award of R500,000 for unlawful arrest and detention, with the court stressing constitutional rights to freedom, dignity, and privacy.
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