South Africa Case Law

Van Stryp v Healy (A2024/029832)

Van Stryp v Healy (A2024/029832) [2025] ZAGPJHC 675 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/029832

Judges

Wilson, Du Plessis, Meaden

The majority held that none of the seven Facebook posts published by the respondent constituted defamation or actionable insult against the appellant. Posts 1 to 6, though discourteous and rude, were made in the context of a robust online debate and would not be understood by a reasonable person as lowering the appellant's reputation or dignity. The references to 'stupid people', 'stupidity', and 'B problem' were not proven to refer to the appellant in a defamatory manner, and the phrase 'B problem' was reasonably interpreted as 'big problem'. The seventh post, which could have been defamator…

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• Defamation
• Iniuria
• Social Media Liability
• Fair Comment
• Objective Reasonable Person Test

G.C v J.C and Others (14205/2014)

G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354 (6 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14205/2014

Judge

P.A.L.Gamble

The defendant is liable to the plaintiff for damages arising from malicious prosecution and defamation, as her conduct in laying false criminal charges was intentional, malicious, and without reasonable cause. The plaintiff suffered significant non-patrimonial harm, including reputational damage, humiliation, and psychological trauma, aggravated by the seriousness of the allegations, persistent malice, and lack of apology. The quantum for non-patrimonial damages is determined jointly for defamation and malicious prosecution, as the facts are interwoven and the consequences inseparable. The pl…

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• Malicious Prosecution
• Defamation
• Iniuria
• Quantification Of Damages
• Loss Of Earnings
• Wrongful Arrest

Mbhele and Another v Minister of Police (AR790/16)

Mbhele and Another v Minister of Police (AR790/16) [2017] ZAKZPHC 45 (3 November 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR790/16

Judges

D. Pillay, A.N Jappie

Appeal against damages for unlawful arrest and detention dismissed; the R65,000 award stood, and the second claimant’s arrest was held lawful.

• Unlawful Arrest
• Quantum Of Damages
• Iniuria
• Conditions Of Detention
• Unlawful-arrest
• Detention-damages

Susanna v Clicks Group Ltd t/a Click Stores and Another (A 3102/2011)

Susanna v Clicks Group Ltd t/a Click Stores and Another (A 3102/2011) [2015] ZAGPJHC 114 (10 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A 3102/2011

Judges

Spilg, Mlonzi

High Court appeal about a shoplifting accusation and handbag search held that the conduct amounted to iniuria, but defamation failed for lack of publication.

• Defamation
• Iniuria
• Shoplifting Accusation
• Vicarious Liability
• Reasonable Suspicion
• Quantum Of Damages

Pieterse v Clicks Group Ltd t/a Clicks Stores and Another (A3102/2011)

Pieterse v Clicks Group Ltd t/a Clicks Stores and Another (A3102/2011) [2015] ZAGPJHC 113; 2015 (5) SA 317 (GJ) (10 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A3102/2011

Judges

Spilg, Mlonzi

The appeal succeeded on the claim of iniuria. The court found that the second respondent's words and conduct, including the search of the appellant's handbag, amounted to an insult and invasion of dignity. The respondents failed to establish a reasonable suspicion of shoplifting or any factual basis for their actions. The defence of reasonable suspicion was rejected, and the court held that negligence suffices for fault in this category of defamation, aligning with constitutional values and statutory requirements. The employer was held vicariously liable for the employee's conduct. The appell…

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• Defamation
• Iniuria
• Shoplifting Accusation
• Vicarious Liability
• Reasonable Suspicion
• Quantum Of Damages

Blignaut v Protea Coin Group (Assests in Transit And Armed Reaction) and Another

Blignaut v Protea Coin Group (Assests in Transit And Armed Reaction) and Another [2015] ZAECPEHC 32 (21 May 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

4018/2011

Judge

Chetty

The High Court dismissed a delict claim for iniuria, defamation and assault after finding the plaintiff’s evidence unreliable and unsupported by CCTV footage.

• Defamation
• Iniuria
• Assault
• Damages
• Evidence Evaluation
• Delict

P.V.R v A.V.Z.M (2700/08)

P.V.R v A.V.Z.M (2700/08) [2014] ZAECPEHC 97; 2015 (3) SA 376 (ECP) (17 December 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2700/08

Judge

E Revelas

The court found that the plaintiff's version of events was more probable and credible than the defendant's. The evidence established that the defendant engaged in oral sex with the plaintiff's wife, which constituted adultery under South African law. The court rejected the defendant's argument that oral sex does not amount to adultery, holding that a narrow definition of sexual intercourse would be absurd and unfair, particularly in light of constitutional equality. The court adopted a broader definition, consistent with developments in criminal law and comparative jurisprudence, and conclude…

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• Adultery
• Loss Of Consortium
• Iniuria
• Damages
• Definition Of Sexual Intercourse

Firstrand Bank Ltd v Venter (829/11)

Firstrand Bank Ltd v Venter (829/11) [2012] ZASCA 117 (14 September 2012)

Court

Supreme Court of Appeal

Case number

829/11

Judges

Heher, Shongwe, Leach, Wallis, Petse

The Supreme Court of Appeal held that Firstrand Bank proved its overdrawn-account claim and that Mr Venter failed to prove liability for dishonoured cheques.

• Overdrawn Current Account
• Electronic Communications And Transactions Act
• Admissibility Of Evidence
• Defamation
• Iniuria
• Prescribed Rate Of Interest

Weinberg v National Commissioner of Safety & Security and Others (22072/06)

Weinberg v National Commissioner of Safety & Security and Others (22072/06) [2012] ZAGPPHC 39 (21 February 2012)

Court

North Gauteng High Court, Pretoria

Case number

22072/06

Judge

B.R. Southwood

High Court unlawful arrest and detention claim; damages and costs were awarded after liability was admitted and quantum was the only issue.

• Unlawful Arrest
• Unlawful Detention
• Damages Quantification
• Iniuria
• Costs Award
• Unlawful-arrest

Lengau v Mangaung Sun (Pty) Ltd t/a Windmill Casino and Others (1508/2008)

Lengau v Mangaung Sun (Pty) Ltd t/a Windmill Casino and Others (1508/2008) [2011] ZAFSHC 82 (9 June 2011)

Court

Free State High Court, Bloemfontein

Case number

1508/2008

Judge

E.M. Kubushi

High Court delict claim for injuria dismissed after the plaintiff failed to prove a wrongful accusation or search, and the questioning was found reasonable.

• Iniuria
• Animus Injuriandi
• Wrongful Act
• Dignity Claim
• Vicarious Liability
• Injuria