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South Africa decisions
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Kumalo v Cycle Lab (Pty) Ltd (31871/2008) [2011] ZAGPJHC 56 (17 June 2011)
High Court held that using Julia Basetsana Kumalo’s photo in advertising without consent constituted iniuria. Damages were left for later determination.
Van Rensburg and Another v Cloete and Another (8270/09) [2010] ZAWCHC 6 (28 January 2010)
The court found that the respondents' complaints, some of which were well-founded, were made out of legitimate concern for health, environment, and legality, and did not constitute unlawful defamation or personal attacks on the applicants. The right to freedom of expression and the right to an environment not harmful to health and well-being outweighed the applicants' interests in reputation and privacy. The applicants failed to establish a clear right or the absence of alternative remedies, as they could pursue damages or criminal charges if necessary. There was no evidence of continuing tre…
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