South Africa Case Law

Gen4foods (Pty) Ltd v Hadebe and Another (D12392/2023)

Gen4foods (Pty) Ltd v Hadebe and Another (D12392/2023) [2024] ZAKZDHC 67 (2 October 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D12392/2023

Judge

Mossop

The applicant established a clear right to protect its reputation against false and defamatory statements. The respondents published unverified and contradictory allegations linking the applicant's product to the death of a child, which scientific and documentary evidence disproved. The second respondent failed to verify the truth of the allegations and acted recklessly, using the tragedy for political gain. The requirements for a final interdict were met: the applicant's right was infringed, injury was suffered, and no other remedy was available. The relief sought was specific and did not co…

Source excerpt

• Defamation
• Final Interdict
• Social Media Liability
• Injury To Reputation
• Freedom Of Expression
• Punitive Costs

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…

Source excerpt

• Defamation
• Injury To Reputation
• Fair Comment Defence

Ngwadle and Another v Water Sisulu University and Another (4229/2016)

Ngwadle and Another v Water Sisulu University and Another (4229/2016) [2019] ZAECMHC 33 (25 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

4229/2016

Judge

NQUMSE

The High Court found an email accusing two university employees of bribery and fraud to be defamatory, awarding each plaintiff R50,000 in damages.

• Defamation
• Actio Iniuriarum
• Publication To Third Parties
• Quantum Of Damages
• Injury To Reputation
• Reputation

Schoeman v Rustenburg Local Municipality (1404/2005)

Schoeman v Rustenburg Local Municipality (1404/2005) [2011] ZANWHC 97 (13 October 2011)

Court

North West High Court, Mafikeng

Case number

1404/2005

Judge

N Gutta

The High Court held that a municipal newsletter alleging “maladministration” by a financial adviser was defamatory and awarded R60,000 plus costs.

• Defamation
• Maladministration
• Quantum Of Damages
• Publication
• Injury To Reputation
• Damages

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