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South Africa decisions
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KS v AM and Another (2021/28121) [2024] ZAGPJHC 1187; 2025 (4) SA 626 (GJ) (12 November 2024)
Default judgment granted for privacy invasion, defamation, and non-consensual intimate image sharing on a fake Facebook profile, with damages and attorney-client costs.
Malan v Minister of Defence (691/2011) [2014] ZANCHC 10 (5 September 2014)
The court found that the plaintiff's arrest and detention by the military police was unlawful, as conceded by the defendant and supported by constitutional and common law principles. The physical force used during the arrest, resulting in injuries, was not justified since the arrest itself was unlawful, and the medical evidence confirmed the injuries were consistent with assault. The intrusion by Brig Gen Mpaxa into the medical examination room without consent constituted an infringement of the plaintiff's right to privacy and dignity, with no lawful justification provided by the defendant. T…
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Funde v Minister of Police (905/2010) [2012] ZAECPEHC 92 (11 December 2012)
The court found the plaintiff's evidence credible and consistent, while the police officers' version was equivocal, contradictory, and unsupported by documentary evidence. The court rejected the defendant's claim that the plaintiff gave permission for the search and found that the police unlawfully entered and searched the plaintiff's home. The court further found that the plaintiff was assaulted and tortured by the police, suffering a severe invasion of privacy and emotional trauma. The police officers' reasons for handcuffing and assaulting the plaintiff were found to be fabricated and unju…
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Wells v Atoll Media (Pty) Ltd and Another (11961/2006) [2009] ZAWCHC 173; [2010] 4 All SA 548 (WCC) (9 November 2009)
A court held that publication of a minor’s photo in a magazine with “pure filth” captions was defamatory, identifying her and harming her dignity.
Independent Newspapers Holdings Ltd and Others v Suliman (49/2003) [2004] ZASCA 57; [2004] 3 All SA 137 (SCA); 2005 (7) BCLR 641 (SCA) (28 May 2004)
The Supreme Court of Appeal held that the publication of the respondent's identity and photograph as a suspect in the Planet Hollywood bombing was defamatory and constituted an unlawful impairment of dignity. The court found that the sting of the articles lay in the allegation that the respondent, associated with Pagad, was arrested and prevented from leaving South Africa because he was suspected of complicity in the bombing. Although the police had genuine suspicion based on a tip-off, the publication of the respondent's identity prior to any formal charge or court appearance was not in the…
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