South Africa Case Law

Nomatye v Minister of Justice and Correctional Services and Another (118/2020)

Nomatye v Minister of Justice and Correctional Services and Another (118/2020) [2024] ZAECMKHC 47 (30 April 2024)

Court

Eastern Cape High Court, Makhanda

Case number

118/2020

Judge

Rugunanan

The court found that the plaintiff failed to establish the elements of delictual liability. The pleadings did not clearly identify which constitutional or statutory right was infringed, nor did they provide a sufficient factual basis for wrongfulness or malice. The refusal of a postponement was a matter of judicial discretion, not a right, and even if the magistrate erred, such conduct was not wrongful or malicious. The evidence did not support an inference of animus iniuriandi. The appeal court's judgment setting aside the conviction was not binding or admissible to prove facts in this civil…

Source excerpt

• Right To Fair Trial
• Judicial Immunity
• Vicarious Liability
• Actio Iniuriarum
• Postponement Discretion
• Malice

Rabe v Marais and Another (A81/2022; 139/2019)

Rabe v Marais and Another (A81/2022; 139/2019) [2023] ZAMPMBHC 51 (13 September 2023)

Court

Mbombela High Court, Mpumalanga

Case number

A81/2022; 139/2019

Judges

Roelofse, Gumede

High Court appeal in a defamation dispute over letters to police, the NPA and the Legal Practice Council. The court held the statements were protected by qualified privilege.

• Defamation
• Qualified Privilege
• Malice
• Relevance In Privilege
• Damages
• Qualified-privilege

Cullen v Jonas and Another (3027/2021)

Cullen v Jonas and Another (3027/2021) [2023] ZAECQBHC 30 (17 May 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3027/2021

Judge

Bands

The High Court held that an ethics complaint letter to a university professor was defamatory, published by reasonable expectation, and not protected by qualified privilege.

• Defamation
• Qualified Privilege
• Malice
• Publication
• Damages
• Qualified-privilege

Delport v Minister of Police of the Republic of South Africa and Others (927/2015)

Delport v Minister of Police of the Republic of South Africa and Others (927/2015) [2023] ZAFSHC 7 (27 January 2023)

Court

Free State High Court, Bloemfontein

Case number

927/2015

Judge

Mathebula

The High Court held the plaintiff proved malicious prosecution and awarded R400,000 in damages plus costs after finding no reasonable and probable cause and malice.

• Malicious Prosecution
• Quantum Of Damages
• Reasonable And Probable Cause
• Malice
• Costs Award
• Malicious-prosecution

McKenzie v Gabriel (412/2021)

McKenzie v Gabriel (412/2021) [2022] ZAECGHC 11 (8 February 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

412/2021

Judge

A Govindjee

The High Court found that a former client defamed his attorney in complaints to a state attorney and the Legal Practice Council, awarding R40,000 damages.

• Defamation
• Qualified Privilege
• Malice
• Damages For Injuria
• Qualified-privilege
• Damages-for-injuria

Chetty v Perumaul (AR313/2020)

Chetty v Perumaul (AR313/2020) [2021] ZAKZPHC 66 (21 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR313/2020

Judges

Mossop AJ, Seegobin J

High Court defamation appeal dismissed after finding the appellant’s affidavit to the Law Society was defamatory and actuated by malice.

• Defamation
• Qualified Privilege
• Malice
• General Damages
• Qualified-privilege
• Law-society-complaint

Coetzee v Janse van Rensburg (31884/2018)

Coetzee v Janse van Rensburg (31884/2018) [2020] ZAGPPHC 451 (19 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

31884/2018

Judge

M Kumalo

The High Court dismissed an attorney’s defamation claim against a litigant, finding her statements were not defamatory in context and were protected by privilege.

• Defamation
• Privilege
• Malice
• Attorney And Client Costs
• Qualified-privilege
• Civil-procedure

Economic Freedom Fighters and Others v Manuel; In Re: Manuel v Economic Freedom Fighters and Others (13349/2019)

Economic Freedom Fighters and Others v Manuel; In Re: Manuel v Economic Freedom Fighters and Others (13349/2019) [2019] ZAGPJHC 172 (18 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

13349/2019

Judge

K E Matojane

The High Court dismissed leave to appeal in a defamation case, finding the statement false and defamatory, interdictable, and the R500,000 award reasonable.

• Defamation
• Interdictory Relief
• Damages Quantum
• Reasonable Publication
• Malice
• Leave-to-appeal

Van Wyk v Pretorius (55369/2016)

Van Wyk v Pretorius (55369/2016) [2019] ZAGPPHC 474 (19 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

55369/2016

Judge

D S Fourie

The High Court dismissed a defamation claim over an election-related email, finding the publication was protected by qualified privilege and no malice was proved.

• Defamation
• Qualified Privilege
• Malice
• Truth And Fair Comment
• Burden Of Proof
• Qualified-privilege

Stobbs and Another v Mayathula-Khoza and Another (2017/37668)

Stobbs and Another v Mayathula-Khoza and Another (2017/37668) [2018] ZAGPJHC 650 (7 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/37668

Judge

Spilg

The High Court dismissed a defamation application over a radio interview, holding the MEC’s remarks were fair comment on a public-interest issue.

• Defamation
• Fair Comment
• Malice
• Constitutional Litigation Against State
• Motion Proceedings
• Institution Of Legal Proceedings Against Organs Of State