South Africa Case Law

Acting Prime Minister v Swaziland News (Pty) Ltd and Others (1643/21)

Acting Prime Minister v Swaziland News (Pty) Ltd and Others (1643/21) [2024] ZAMPMBHC 72; [2024] 4 All SA 714 (ML) (27 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1643/21

Judge

Roelofse AJ

The High Court dismissed an application by eSwatini’s Acting Prime Minister to restrain Swaziland News articles said to defame the King and officials, finding no clear right for interdictory relief.

• Defamation
• Freedom Of Expression
• Internet Publication
• Journalistic Ethics
• Interdictory Relief
• Locus Standi

Roux v Powell (17499/18)

Roux v Powell (17499/18) [2019] ZAWCHC 132 (4 October 2019)

Court

Western Cape High Court, Cape Town

Case number

17499/18

Judge

Le Grange

The court found that, considering the statements in their full context and applying the concept of illocutionary force, the posts published by the defendant were defamatory of the plaintiff in their primary sense. The first post, prominently displayed and promoted via tags, became outdated and incorrect after the appeal exonerated the plaintiff, yet the defendant refused to remove it despite demand and factual inaccuracy. The court held that a reasonable person reading that a professional was found guilty of unprofessional conduct, even with an appeal pending, would have their estimation of t…

Source excerpt

• Defamation
• Wrongful Publication
• Professional Reputation
• Internet Publication