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South Africa decisions
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Mthembu v Woolworths (Pty) Limited and Another (44235/2019) [2024] ZAGPJHC 914 (29 July 2024)
The High Court upheld special pleas of prescription in a delict claim for injury to dignity arising from a search, and dismissed the action with costs.
Jacobson v Finch (18830/2020) [2023] ZAWCHC 115 (22 May 2023)
The court found that the respondent had defamed the applicant but had twice issued sincere, written apologies, including posting them on the same Facebook page where the defamatory statements were made. The apologies were acknowledged by the applicant and his wife. The applicant himself was found to have made offensive and defamatory posts on social media and had published personal information of another individual, contributing to the community conflict. The court held that the respondent's apologies were adequate compensation for the injury to the applicant's dignity and reputation, and tha…
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Ramokgopa v Nxumalo (7922/2020) [2022] ZAWCHC 175 (8 September 2022)
Default judgment for defamation after a student’s name was included on the “Rapists at UCT” list, with damages, interest, and apology orders.
Van den Berg and Another v Minister of Defence and Military Veterans (62298/11) [2017] ZAGPPHC 852 (17 November 2017)
The High Court found the plaintiffs’ removal from a military base was wrongful and humiliating, awarding damages for dignity and lost allowances.
Ngcobo v Minister of Police (34632/2014) [2015] ZAGPJHC 275 (21 October 2015)
The court found the plaintiff was unlawfully detained for 12 hours and awarded R25,000 damages, with costs limited to the magistrates’ court scale.
Van Der Westhuizen v Ntshabele (2014/27063) [2015] ZAGPJHC 51 (20 March 2015)
High Court defamation judgment awarding R50,000 after racially derogatory and insulting remarks by a retrenched employee were published in front of co-workers.
Mdlankomo v Tanyane and Another (23008/09) [2013] ZAWCHC 141 (8 May 2013)
The court found that the police intervened in a civil dispute without any reasonable suspicion of a crime, and their presence at the plaintiff's house was unjustified. The arrest was not warranted by the circumstances, and the plaintiff's detention overnight was excessive and not supported by evidence of danger to the public. The plaintiff's rights to bodily integrity and liberty were violated. Regarding the defamation and injury to dignity claims, the court held that the use of the word 'unondindwa' (whore) was not proven to have harmed the plaintiff's reputation in the eyes of a reasonable…
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