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South Africa Case Law

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Delict [2020] ZANWHC 84

Madito v Peega (CIV APP MG 18/2018)

Madito v Peega (CIV APP MG 18/2018) [2020] ZANWHC 84 (10 July 2020)

The court found that the appellant's statements were made in public, were defamatory, and were published to third parties, as evidenced by the reactions of bystanders and the appellant's own admissions. The Magistrate's finding of publication was supported by overwhelming evidence. The court rejected the appellant's arguments that the respondent's reputation was not harmed or that she should have a 'tougher skin' due to her profession. The quantum of damages awarded was reasonable, taking into account the respondent's professional status, the public nature of the humiliation, and inflation. T…

  • Defamation
  • Publication Of Defamatory Statement
  • Quantum Of Damages
  • Personality Rights
  • Dignity
  • Intentional Publication
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Criminal Law [2014] ZAGPPHC 1016

Motsepe v S (A 816/2013)

Motsepe v S (A 816/2013) [2014] ZAGPPHC 1016; 2015 (2) SACR 125 (GP); 2015 (5) SA 126 (GP) (5 November 2014)

Appeal against a criminal defamation conviction by a journalist succeeded because the State failed to prove intentional publication beyond reasonable doubt.

  • Criminal Defamation
  • Freedom Of Expression
  • Media Rights
  • Bill Of Rights Limitation
  • Intentional Publication
  • Criminal-defamation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.