South Africa Case Law

Van Stryp v Healy (A2024/029832)

Van Stryp v Healy (A2024/029832) [2025] ZAGPJHC 675 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/029832

Judges

Wilson, Du Plessis, Meaden

The majority held that none of the seven Facebook posts published by the respondent constituted defamation or actionable insult against the appellant. Posts 1 to 6, though discourteous and rude, were made in the context of a robust online debate and would not be understood by a reasonable person as lowering the appellant's reputation or dignity. The references to 'stupid people', 'stupidity', and 'B problem' were not proven to refer to the appellant in a defamatory manner, and the phrase 'B problem' was reasonably interpreted as 'big problem'. The seventh post, which could have been defamator…

Source excerpt

• Defamation
• Iniuria
• Social Media Liability
• Fair Comment
• Objective Reasonable Person Test

De Vries Smuts and Others v Maswana and Another (EL 996/08, ECD 2396/08)

De Vries Smuts and Others v Maswana and Another (EL 996/08, ECD 2396/08) [2011] ZAECELLC 9 (23 September 2011)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 996/08, ECD 2396/08

Judge

Y Ebrahim

The court dismissed plaintiffs’ leave to appeal in a defamation matter, holding there was no reasonable prospect of a different outcome and awarding costs.

• Defamation
• Freedom Of Expression
• Wrongfulness
• Objective Reasonable Person Test
• Leave-to-appeal
• Freedom-of-expression

S v Mantso (1808/2004)

S v Mantso (1808/2004) [2004] ZAFSHC 153 (2 December 2004)

Court

Free State High Court, Bloemfontein

Case number

1808/2004

Judges

Cillié R, Van der Merwe R

The court found that the accused was confronted by a drunken and aggressive complainant who attacked him with a knife. The accused attempted to intervene in a fight between his brother and the complainant, and was himself attacked. The evidence showed that the accused struck the complainant with a stick only after being threatened with a knife, and that his response was reasonable in the circumstances. The magistrate's reasoning that the accused could have retreated was not persuasive, given the immediacy of the threat. The objective reasonable person would have considered the accused's actio…

Source excerpt

• Self Defence
• Assault With Intent To Do Grievous Bodily Harm
• Criminal Liability
• Objective Reasonable Person Test