Tshivhase v Nel (38617/2011)
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
- Defamation
- Pleadings Exception
- Natural And Ordinary Meaning
- Innuendo