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South Africa decisions
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Finnaughty and Others v Malan and Others (22/15159) [2023] ZAGPJHC 1477 (29 December 2023)
The High Court upheld an exception to a defamation claim in a homeowners association dispute, finding the pleaded facts did not support the alleged innuendo.
Media t/a Daily Sun and Others v Sithole (38734/2020) [2022] ZAGPPHC 99 (18 February 2022)
In a defamation action, the court partly upheld a Rule 30/Rule 23 challenge to the particulars of claim and ordered the plaintiff to amend key paragraphs.
ABM College SA (Pty) Ltd and Another v Media 24 Holdings (Pty) Ltd (4215/2020) [2021] ZAGPJHC 402 (26 August 2021)
The High Court struck out defamation pleadings that attributed unsupported secondary meanings to a newspaper article about unaccredited colleges.
Ivo dos Santos v Coetzee (29990//2013) [2019] ZAGPJHC 67 (12 February 2019)
High Court defamation case over an email to shareholders. The court found the plaintiff failed to prove defamation or a dignitary claim and dismissed the action with costs.
Tshivhase v Nel (38617/2011) [2014] ZAGPPHC 16 (11 February 2014)
The court held that the statement complained of, when read in its natural and ordinary meaning, is not reasonably capable of conveying a defamatory meaning to a reasonable reader of ordinary intelligence. The plaintiff did not plead innuendo, and the context of liquidation proceedings, which are subject to judicial and administrative oversight, precludes any implication of unlawful conduct. The metaphorical use of 'hijack' does not, in this context, imply dishonesty or unprofessional conduct. Accordingly, the exception is upheld, and the plaintiff's particulars of claim must be amended to rem…
Source excerpt
Molotlegi and Another v Mokwalase (222/09) [2010] ZASCA 59; [2010] 4 All SA 258 (SCA) (1 April 2010)
The Supreme Court of Appeal set aside a defamation ruling made without evidence of context, holding that the pleaded innuendo required a trial.
Monkwe v Moima (40629/2007) [2008] ZAGPHC 327 (17 October 2008)
Defamation claim dismissed after the court found the plaintiff did not prove the impugned words or a defamatory innuendo.
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