South Africa Case Law

Lebashe Investment Group (Pty) Ltd and Others v United Democratic Movement and Another (1308/2023)

Lebashe Investment Group (Pty) Ltd and Others v United Democratic Movement and Another (1308/2023) [2025] ZASCA 29 (28 March 2025)

Court

Supreme Court of Appeal

Case number

1308/2023

Judges

Schippers, Hughes, Baartman, Windell, Norman

The Supreme Court of Appeal held that the order dismissing the exception to the amended plea was interlocutory and not appealable, as it did not finally determine the rights of the parties or dispose of a substantial portion of the relief claimed. The interests of justice did not support appealability, as any alleged prejudice or confusion could be addressed through trial particulars and pre-trial procedures. Allowing the appeal would result in piecemeal adjudication, prolong litigation, and waste judicial resources. The trial court retained the discretion to revisit the pleadings and determi…

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• Exception To Pleadings
• Defamation
• Interests Of Justice
• Appealability Of Interlocutory Orders
• Injuria

Nelson Mandela University and Another v Diale (Reasons) (10638/2023)

Nelson Mandela University and Another v Diale (Reasons) (10638/2023) [2024] ZALMPPHC 176 (13 November 2024)

Court

Limpopo High Court, Polokwane

Case number

10638/2023

Judge

M Bresler

The High Court granted a final interdict restraining a former student from publishing defamatory statements about NMU, its vice chancellor, and staff.

• Final Interdict
• Defamation
• Social Media Publication
• Injuria
• Constitutional Rights Limitation
• Final-interdict

Letlojane v Naeema Cassim NO (CIV APP/MG/09/2024)

Letlojane v Naeema Cassim NO (CIV APP/MG/09/2024) [2024] ZANWHC 266 (15 August 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP/MG/09/2024

Judges

J T Djaje, M Morgan

The High Court dismissed an unopposed appeal against a modest damages award for malicious prosecution, finding no basis to disturb the magistrates’ court quantum.

• Malicious Prosecution
• Quantum Of Damages
• Injuria
• Protection From Harassment Act
• Malicious-prosecution
• Quantum-of-damages

Islam v Minister of Police (CIV APP/MG 22/2023)

Islam v Minister of Police (CIV APP/MG 22/2023) [2024] ZANWHC 24 (26 January 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP/MG 22/2023

Judges

T Djaje, S Mfenyana

The High Court dismissed an appeal against R8,000 damages for unlawful arrest and four-hour detention, finding the award appropriate on the facts.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Injuria
• Constitutional Right To Liberty
• Unlawful-arrest

Phaleng-Podile v Dovey (28223/2020)

Phaleng-Podile v Dovey (28223/2020) [2022] ZAGPJHC 656 (6 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

28223/2020

Judge

Todd

The court found that, although the word 'racist' is capable of being defamatory, in the specific context of the Whatsapp group exchange, reasonable members would not have thought less of the applicant as a result of the respondent's statement. The context included prior insults by the applicant and interventions by other group members and the chairman, which made it clear the respondent's comment was unjustified and not taken seriously. The applicant failed to plead a claim for iniuria, which might have succeeded on the evidence, but any damages awarded would have been nominal given her own c…

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• Defamation
• Injuria
• Whatsapp Group Publication
• Damages Quantum
• Interdict Requirements

Du Toit v Coetzee (A122/2021)

Du Toit v Coetzee (A122/2021) [2022] ZAFSHC 105; [2022] HIPR 198 (FB) (2 June 2022)

Court

Free State High Court, Bloemfontein

Case number

A122/2021

Judges

Mathebula, Litheko

The High Court upheld an appeal in a defamation and injuria case, finding the respondent had not rebutted wrongfulness or intent and awarding damages.

• Defamation
• Injuria
• Animus Injuriandi
• Wrongfulness
• Sentimental Damages
• Delict

Buthelezi v Minister of Police (A3040/19; 9313/2017)

Buthelezi v Minister of Police (A3040/19; 9313/2017) [2019] ZAGPJHC 453; 2020 (2) SACR 21 (GJ) (20 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A3040/19; 9313/2017

Judges

Unterhalter, Francis-Subbiah

The High Court upheld the appeal in part, finding the police search for a missing child was justified, but their liquor-licensing inquiry was a wrongful abuse.

• Unlawful Search And Seizure
• Injuria
• Best Interests Of Child
• Damages
• Consent
• Right To Privacy

Van der Westhuizen v Rieger (EL 500/2017)

Van der Westhuizen v Rieger (EL 500/2017) [2019] ZAECELLC 9 (7 March 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 500/2017

Judge

V M Nqumse

The court found, on the balance of probabilities, that the defendant did utter the words set out in the particulars of claim, including racially charged and vulgar insults, and did assault the plaintiff with pepper spray. The context and content of the words, particularly 'go back to Duncan Village' and 'poes', were held to be derogatory, racially loaded, and intended to humiliate, thereby impairing the plaintiff's dignity. The court rejected the defendant's version regarding the pepper spray and found the plaintiff's evidence, despite exaggerations, sufficient to discharge the onus. The cour…

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• Injuria
• Verbal Insult
• Racial Discrimination
• Assault
• Damages
• Constitutional Dignity

Manyi v Dhlamini (36077/13)

Manyi v Dhlamini (36077/13) [2018] ZAGPPHC 563 (18 July 2018)

Court

North Gauteng High Court, Pretoria

Case number

36077/13

Judge

N.M. Mavundla

The court found that the statements made by the defendant on WhatsApp were defamatory, impugning the plaintiff's dignity, reputation, and moral character. The threat of 'necklacing' constituted injuria and psychological harm, violating the plaintiff's rights under sections 10 and 12 of the Constitution. The publication was wide, given the nature of social media. The defendant failed to defend the matter or tender an apology. The quantum of damages was determined by considering the seriousness of the defamation, the extent of publication, the plaintiff's reputation, and the conduct of the defe…

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• Defamation
• Injuria
• Psychological Harm
• Quantum Of Damages
• Social Media Publication

Dintoe v Minister of Police (1127/2015)

Dintoe v Minister of Police (1127/2015) [2017] ZANWHC 90 (14 September 2017)

Court

North West High Court, Mafikeng

Case number

1127/2015

Judge

T DJAJE

The High Court awarded R50,000 for unlawful arrest and five-hour detention, considering the plaintiff’s humiliation, assault in custody, and attempted suicide.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Personal Liberty
• Injuria
• Unlawful-arrest