South Africa Case Law

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024)

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (062312/2024) [2025] ZAGPPHC 561 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

062312/2024

Judge

Hershensohn

The court found that the statement made by the second respondent on 15 March 2024, accusing the applicant of involvement in a corrupt scheme and overcharging, was clear, unequivocal, and defamatory. The respondents failed to provide sufficient factual basis or evidence to support their defences of truth, public interest, or fair comment. The answering affidavit was vague and lacked detail regarding the investigative reports allegedly relied upon. Applying the Plascon-Evans test, the court rejected the respondents' version as untenable. The continued publication of similar statements by the re…

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• Defamation
• Final Interdict
• Damages Quantification
• Fair Comment Defence
• Truth And Public Interest
• Actio Iniuriarum

Phaleng-Podile v Dovey (A2023-005228)

Phaleng-Podile v Dovey (A2023-005228) [2023] ZAGPJHC 1475 (27 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-005228

Judges

S Yacoob, D Fisher, MMP Mdalana-Mayisela

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.

• Defamation
• Action Vs Motion Proceedings
• Damages For Injury To Reputation
• Fair Comment Defence
• Motion-proceedings
• Action-proceedings

Phaleng-Podile vs Dovey (28223/2020)

Phaleng-Podile vs Dovey (28223/2020) [2022] ZAGPJHC 1038 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28223/2020

Judge

Todd

The court held that, although the applicant argued the respondent's statement labelling her as racist was defamatory, the context and lack of explanation made it less likely to injure her reputation among reasonable persons. The court found that the statement did not objectively harm the applicant's esteem in the eyes of those to whom it was published. However, the court acknowledged that there is a reasonable prospect another court might disagree and reach a different conclusion regarding the defamatory nature and impact of the statement. Accordingly, leave to appeal was granted on this grou…

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• Defamation
• Injury To Reputation
• Fair Comment Defence

Sibiya v Amad and Another (16783/2022)

Sibiya v Amad and Another (16783/2022) [2022] ZAGPJHC 440 (29 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

16783/2022

Judge

Matsemela

The court found that the respondents published a series of statements and media interviews that were defamatory, false, and malicious, targeting the applicant's integrity, reputation, and the independence of GFIS. The respondents failed to provide factual evidence to support their allegations and did not rebut the presumption of unlawfulness and intent. The Public Protector's report exonerated the applicant, and its findings were final and unchallenged. The respondents' reliance on the Zebediela report was misplaced, as they were not in possession of it at the time of publication, and its fin…

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• Defamation
• Final Interdict
• Dignity And Reputation
• Freedom Of Expression
• Urgent Relief
• Fair Comment Defence

Mokhoanatse v Maphatsoe and Another (03042/2016)

Mokhoanatse v Maphatsoe and Another (03042/2016) [2016] ZAGPJHC 256 (23 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

03042/2016

Judge

Satchwell

The High Court found two ANC/MKMVA-related statements defamatory, including allegations that the applicant was a deserter, agent provocateur, and sell-out, and ordered oral evidence on damages.

• Defamation
• Political Speech
• Damages Quantification
• Fair Comment Defence
• Political-speech
• Damages-quantification

Van Rensburg and Another v Meyer and Another (10879/2010)

Van Rensburg and Another v Meyer and Another (10879/2010) [2010] ZAGPJHC 193 (24 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

10879/2010

Judge

EF Dippenaar

High Court granted a final interdict against the first respondent for distributing a defamatory anonymous letter, and dismissed the case against the second respondent for lack of jurisdiction.

• Final Interdict
• Defamation
• Balance Of Probabilities
• Fair Comment Defence
• Injury To Reputation
• Final-interdict

Young v Shaikh (10646/01)

Young v Shaikh (10646/01) [2003] ZAWCHC 50; 2004 (3) SA 46 (C) (26 September 2003)

Court

Western Cape High Court, Cape Town

Case number

10646/01

Judge

NEL

Defamation claim over a televised interview was upheld; the court awarded the plaintiff R150,000 plus interest and costs.

• Defamation
• Damages For Injury To Reputation
• Fair Comment Defence
• Apology In Defamation
• Freedom Of Expression
• Damages-for-injury-to-reputation